News & Analysis as of

Liquidated Damages

Biometrics usher in new era of privacy laws, litigation risks

by McAfee & Taft on

In an effort to improve data security, many banking and retail companies have begun using biometric data, such as fingerprints and other physical features, as high-tech replacements for passwords. In view of these efforts,...more

Weekly Update Newsletter - May 2018

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE - Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts - The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition...more

Governor Murphy Signs New Jersey Paid Sick Leave Law

On May 2, 2018, New Jersey Governor Phil Murphy signed into law the New Jersey Earned Sick and Safe Days Act (the “Act”), providing the vast majority of New Jersey’s private sector workers paid sick leave benefits. The Act,...more

N.J. Employers Must Act Promptly to Assure Compliance with New Pay Equity Law

by Holland & Knight LLP on

• New Jersey employers have less than two months to ensure they are providing equitable pay to their employees under the Diane B. Allen Equal Pay Act (Act), which takes effect July 1, 2018. • The Act significantly expands...more

New Jersey’s New Paid Sick Leave Law: What Employers Need to Know

by Fisher Phillips on

New Jersey has now become the tenth state to enact a statewide mandatory paid sick leave law. The New Jersey Paid Sick Leave Act was signed into law today by Governor Phil Murphy and will go into effect on October 29, 2018....more

Restoring fairness to the process: another episode in the smash and grab adjudication saga

by Dentons on

In his final case in the Technology and Construction Court (TCC) before taking up his new position as a Court of Appeal judge, Coulson J has tipped the balance away from contractors in smash and grab adjudications....more

Key Considerations for Liquidated Damages Clauses in Transportation Projects

by Lane Powell PC on

Almost all delays in completing a construction project cost money, but delays on transportation-related construction projects often have more severe financial and business repercussions than a typical development. Whether a...more

Do Good Audits Exist? Minimizing Damages in FLSA Cases

by Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Biometrics: California Federal Court in Facebook Case Certifies First Class In Illinois Biometric Information Privacy Act Case,...

by Locke Lord LLP on

On April 16, 2018, a California federal court certified a class of individuals suing Facebook for violating Illinois’s Biometric Information Privacy Act, paving the way for potentially billions of dollars in statutory...more

How Far Is Too Far? Sinclair Under Scrutiny For Employee Agreements

by Fox Rothschild LLP on

It has been a tough couple of weeks for Sinclair Broadcast Group, Inc. First, news broke that its anchors were required to read an identical script cautioning viewers about “fake news” and questioning the integrity of media...more

New Tip Pooling Guidelines For Employers

The recent passage of the Consolidated Appropriations Act of 2018 (“H.R. 1625”), an 878-page omnibus spending bill, significantly changes the rules for tip pooling under the Fair Labor Standards Act (the “FLSA”). While the...more

Second Circuit Prohibits “Double Recovery” of Liquidated Damages Under FLSA and New York Labor Law

In a case of first impression, the Second Circuit held on April 6, 2018 that liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act and the New York Labor Law....more

II-30- Tackling 3 Big Wage and Hour Questions for Employers

by Cozen O'Connor on

Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more

Contract Change #5– Liquidated Damages (law note)

by Melissa Dewey Brumback on

Today, we are half-way through our series on the Top 10 Changes to the AIA A201. (Here is yesterday’s post discussing financial notifications, Change #6, Part B]...more

California Statute May Be An Issue In Dispute Between President Trump And Adult Film Actress

by Allen Matkins on

Not too long ago, I wrote about the lawsuit filed in California challenging a confidentiality agreement allegedly entered into by President Donald Trump. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar. 6,...more

Colorado Court of Appeals Issues Needed Guidance on Physician Non-Compete Agreements

The inclusion of a non-compete agreement, or covenant not to compete, is frequently one of the most anxiety-producing issues in physician employment contracting on the part of both the physician and the employer. This has...more

Department of Labor Announces New Payroll Audit Pilot Program

On Tuesday, March 6, 2018, the U.S. Department of Labor (“DOL”) announced its launch of the Payroll Audit Independent Determination (PAID) Program (“PAID” or the “Program”) – aimed at increasing employers’ FLSA compliance and...more

An Easy and Effective Way for Employers to Protect Themselves

by Jaburg Wilk on

Imagine this scenario: Your company is in Arizona and one of your sales representatives goes to work for a competitor. He knows all about your pricing and bidding practices, so he helps your competitor undercut your prices....more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Security of Payment Legislation

by Dentons on

The High Court of Australia in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 has held that an adjudication determination under the Building and Construction Industry Security of Payment Act 1999...more

The High Court Weighs in on Adjudication Determinations - Errors of Law Are Not Reviewable

by K&L Gates LLP on

The High Court has unanimously confirmed in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 (Probuild) that Courts do not have the power to review adjudication determinations made...more

Cash Payments Made To Employees In Lieu Of Health Benefits Must Be Factored Into Overtime Pay Under The FLSA

by LeClairRyan on

In Flores v. City of San Gabriel, the Ninth Circuit held that cash payments made by the City to its employees in lieu of healthcare benefits must be factored into the base pay that is used to calculate overtime pay (1.5 times...more

Illinois Appellate Court Delivers Potentially Fatal Blow To “No-Injury” Lawsuits Under The Biometric Information Privacy Act

by Locke Lord LLP on

On December 21, 2017, an Illinois appellate court issued an opinion that will significantly slow down the onslaught of putative class action lawsuits filed under Illinois’s Biometric Information Privacy Act (“BIPA”). In...more

'Time at large' argument unsuccessful where contract contains broad extension of time clause

by White & Case LLP on

In the case of Severfield (UK) Ltd v Duro Felguera UK Ltd (No. 2) [2017] EWHC 3066 (TCC), the Technology and Construction Court (TCC) in England and Wales declined to find ‘time at large' under a construction contract where...more

Under Construction - December 2017

by Snell & Wilmer on

Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the...more

173 Results
|
View per page
Page: of 7
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.