Hooper, Kearney and Macklin on Cutting Edge Topics in the False Claims Act
#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down - Employment Law This Week®
The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more
On May 15, 2024, the New Jersey Supreme Court held in Maia v. IEW Construction Group that both the six-year look-back period and liquidated damages provided by the state Wage Theft Act (WTA) do not apply retroactively....more
On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019...more
When is a claim “brought” against an insured? A Delaware bankruptcy court’s answer to this seemingly innocuous question turned into a nightmare for the estate of a bankrupt insured...more
Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Law that increase employer wage-hour liability are not retroactive....more
In a recent unanimous decision by the New Jersey Supreme Court in Christopher Maia v. IEW Construction Group, the seven-judge panel reversed the prior judgment of the Appellate Division and held that the August 6, 2019,...more
In a unanimous decision, on May 15, 2024, the New Jersey Supreme Court held that the state’s amendments (Chapter 212) to the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) apply prospectively, and therefore plaintiffs...more
KEY TAKEAWAYS - For claims that accrued prior to August 6, 2019, the applicable statute of limitations under the Wage Theft Act remains two years. For claims that accrued on or after August 6, 2019, the applicable statute of...more
On April 18, 2024, Senators Richard Blumenthal (D-CT) and Cindy Hyde-Smith (R-MS) introduced the Making Pipelines Accountable to Consumers and Taxpayers Act (“MPACT Act”) (S. 4171) that, if adopted, would grant FERC authority...more
On March 12, 2024, the U.S. Court of Appeals for the Third Circuit upheld a prospective rule change to PJM Interconnection, L.L.C.’s (“PJM”) annual capacity auction but struck down attempts by PJM and FERC to apply the rule...more
In January of 2023, Bowditch alerted clients that the Federal Trade Commission (“FTC”) was proposing a sweeping new rule that would ban the use of virtually all non-compete agreements and have a seismic effect on employment...more
With tax day quickly approaching on April 15, 2024, employers in Pennsylvania may want to take note of a December 2023 state tax law that might have flown under the radar. The law made employee contributions to...more
On June 6, 2024, new amendments to Washington State’s noncompetition statute (RCW 49.62) will go into effect, which place further limitations on the use of noncompetition agreements in Washington. Substitute Senate Bill 5935...more
On February 23, 2024, CMS published a final rule updating the regulatory requirements of the Medicaid disproportionate share hospital (DSH) program in response to the Consolidated Appropriations Act (CAA) of 2021. The final...more
In a recent case brought in front of the Civil Resolution Tribunal (“CRT”) of British Columbia, Moffatt v. Air Canada, 2024 BCCRT 149, the CRT found in favor of an airline customer who relied on information about an airline’s...more
On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 13, 2024), joined Florida’s Fourth District...more
On January 17, 2024, Senate Finance Committee Chairman Ron Wyden (D-Ore.) and House Ways and Means Committee Chairman Jason Smith (R-Mo.) released a bill, the “Tax Relief for American Families and Workers Act of 2024”...more
Over a year after becoming law, New York’s Foreclosure Abuse Prevention Act, L. 2022, ch. 821 (eff. Dec. 30, 2022) (FAPA) continues to divide trial courts regarding the constitutionality of the law’s retroactive...more
The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more
As we’ve previously written, California already takes a strong position against employee noncompete agreements. State law bans such agreements (with extremely limited exception) and imposes significant penalties on employers...more
As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more
On the heels of the New York and FTC non-competition legislation (discussed here and here), Governor Newsom recently signed an amendment to California’s non-compete ban into law. The amendment, S.B. 699, takes effect on...more
The answer after the Stericycle ruling is likely “both.” As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private,...more
On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023), which creates a new standard for evaluating whether a company's workplace rules violate the National...more
On Aug. 2, the National Labor Relations Board (NLRB) set a new standard to evaluate facially neutral work rules in union and nonunionized workplaces when it issued a much-anticipated decision in Stericycle, Inc., 372 NLRB No....more