News & Analysis as of

Failure To Pay

Lewitt Hackman

Franchisee 101: When the Competition Leaks

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A Massachusetts federal court granted a franchisor’s request to enforce the franchise agreement’s post-termination non-compete provision against a terminated franchisee....more

Fisher Phillips

Snapshot on the Manufacturing Industry: $22M Verdict Reminds Manufacturers to Pay for Actual Donning and Doffing Time

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Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the manufacturing...more

DLA Piper

UK gambling operator faces legal action over refusal to pay out GBP1m jackpot

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The UK and European gambling operator Paddy Power is fighting a legal action in the English High Court over a refusal to pay a customer who thought they had won a GBP1m jackpot when playing an online slot game. Paddy Power...more

Frantz Ward LLP

Oral Contract and Invalid Lien Spell Trouble for Contractor

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Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues....more

Fisher Phillips

Appeals Court Upholds $22M Verdict and Reminds Employers to Pay Workers for “Actual” Time Working

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A federal appeals court held last Fall that employers must pay hourly employees for the actual time they spend completing activities – not just the “reasonable time” it should take to finish assigned tasks – upholding a $22M...more

Troutman Pepper Locke

In Rem Jurisdiction Matters: Fifth Circuit Clarifies Jurisdictional Requirements Over Attached Funds at Riyad Bank

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On October 18, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s vacatur of a maritime attachment order, providing a detailed analysis of the requirements for personal and in rem jurisdiction over...more

Bradley Arant Boult Cummings LLP

Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge...

Helen Christakos a partner in our U.S. Privacy and Data Security practice, Tom Butcher a partner in our international Telecommunications, Media and Technology (TMT) group and Head of Middle East Communications, Technology and...more

Warner Norcross + Judd

Liberating Property: Bonding Off Construction Liens in Michigan

An owner hired a contractor to make improvements on real property, but the contractor failed to pay its subcontractors or suppliers. What happens next? Under Michigan’s Construction Lien Act, contractors, subcontractors,...more

Buchalter

In a Win for Policyholders, California Supreme Court Broadly Applies Unfair Competition Law’s Four-Year Statute of Limitations to...

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What happens when a policyholder seeks to bring an action against its insurer for violation of California’s Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq., (“UCL”)), which has a four-year statute of limitations,...more

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

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Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

Robinson+Cole Construction Law Zone

Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court

Earlier this year, the Associated Subcontractors of Massachusetts hired Robinson+Cole attorney Joseph Barra to submit an amicus brief to the Massachusetts Supreme Judicial Court for consideration in the appeal pending before...more

Jackson Lewis P.C.

California Court of Appeal Holds California’s Law Regarding Payment of Arbitration Fees Preempted by FAA

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In 2019, California enacted Senate (SB) Bill 707, a law codified as California Code of Civil Procedure sections 1281.98 and 1281.99, that automatically deems an employer’s failure to pay fees required for the commencement or...more

Nossaman LLP

Construction & Claims: May 2024

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Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes....more

Orrick, Herrington & Sutcliffe LLP

Maine amends processes regarding sale of foreclosed properties for nonpayment of taxes

On April 16, the Governor of Maine signed into law HP 1452 (the “Act”), which will amend the selling processes for foreclosed properties, specifically when a property is being foreclosed upon following a failure to pay taxes....more

Ius Laboris

Online retailer slapped with fine for late payment of wages

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An online luxury retail company was fined HKD 145,000 by a court in Hong Kong for failing to pay the wages of eleven of its employees on time....more

Lippes Mathias LLP

IRS Announces Penalty Relief for Nearly Five Million Eligible Taxpayers Totaling $1 Billion

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As looming collection action efforts against delinquent taxpayers intensifies, the Internal Revenue Service is attempting to increase voluntary compliance and payment for outstanding liabilities. The IRS announced automatic...more

Cozen O'Connor

Casino Settles over Allegations It Stacked the Deck Against Its Employees

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Massachusetts AG Andrea Campbell settled with MGM Springfield for $6.8 million to resolve allegations the casino violated various state wage and hour laws. AG Campbell alleges that MGM Springfield committed various violations...more

Cozen O'Connor

The State AG Report – 10.5.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • AGs Go After Timeshare Exit Companies over Allegedly...more

Cozen O'Connor

Underpaying Workers Is a Bad Idea, says Massachusetts AG

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Massachusetts AG Andrea Joy Campbell announced citations issued against Idea Painting Company and its owner for failure to pay employees sick or overtime wages and failure to keep or furnish accurate wage records, in...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - September 27, 2023

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Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions Two employees of Extreme Residential Corp. were involved in a construction...more

Marshall Dennehey

Sanctions Awarded After Court Determines Insurer Knew/should Have Known Its Improper Venue Defense Was Not Supported by...

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Alliance Chiropractic Group, Inc. a/s/o Polande Rither v. United Automobile Ins. Co., County Court, 9th Judicial Circuit in and for Orange County, Case No. 2019-SC-017663-O, Dec. 20, 2022 - This suit involved the defendant’s...more

Jackson Lewis P.C.

Illinois Enacts Freelance Worker Protection Act

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Illinois has enacted broad protections for freelance workers. The Freelance Worker Protection Act (FWPA) requires entities contracting with freelance workers to provide written contracts and timely compensation and authorizes...more

Fox Rothschild LLP

PAGA Dischargeable in Bankruptcy?

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Portions of employer liability in California PAGA actions are dischargeable in bankruptcy under a bankruptcy court decision issued this summer. Specifically, employers’ liability for the 25% share of PAGA penalties to be...more

Patton Sullivan Brodehl LLP

Covid-19 Pandemic And Related Closures Do Not Excuse Commercial Tenant’s Failure To Pay Rent

One of the questions in real estate law arising out of the pandemic is what impact the pandemic and related closure orders would have on commercial leases, and in particular a tenant’s obligation to pay rent. Many, if not...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - March 28 2023

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Southern District Finds That Exclusion In HO3 Form Precludes Coverage Even Though Form Inadvertently Omitted From Copy Of Policy Sent To Insured- Scottsdale Insurance Company issued a homeowner’s policy to 232 Dune Road...more

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