Litigation and COVID-19: How to Protect Your Business in This Time of Crisis
Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to...more
On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had...more
The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks. Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...more
Every employer understands the importance of actively ensuring employee safety and compliance with Occupational Safety and Health Act (OSH Act) standards, but a recent federal appeals court decision provides additional...more
The statute of limitations for bringing claims under the Family and Medical Leave Act is two years from the last alleged illegal act. However, this period is increased to three years in the event of a willful FMLA violation...more
Looks like the United States Tennis Association (“UTA”) met its match, but this time not on its own court, but rather in another, the Appellate Division, Second Department. The court in Matter of Bravado Intl. Group...more
The recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the district court's judgment imposing more than $61 million in damages against Dish Network for its vendor's violations of the Telephone...more
If the National Labor Relations Board (“NLRB”) fines an employer for unlawfully firing workers who tried to unionize, can the employer discharge the fine in bankruptcy, or will the exception to discharge found in Bankruptcy...more
In recent years the buzz in organizational criminal liability has come from so-called “individual liability” for acts of corporate wrongdoing—the idea that managers and employees are not immune from individual prosecution for...more
The Eleventh Circuit Court of Appeals recently had the opportunity to remind employers not to ignore training employees on safety. Martin Mechanical Contractors, Inc. v. Secretary, U.S. Department of Labor, No. 17-12643...more
Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more
The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the...more
Last week, the Eleventh Circuit affirmed the Northern District of Georgia’s dismissal of a putative Fair Credit Reporting Act (FCRA) case against Equifax and Transunion. In Pedro v. Equifax, Inc., plaintiff sought to...more
Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more
In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more
Appellate Court Advance Release Opinions: AC36726 - Schull v. Schull - Trial court properly refused to hold ex-husband in contempt for not paying 50 percent of child’s surgery per the original decree. The Trial...more
The U.S. Court of Appeals for the 11th Circuit has ruled that a plaintiff must show that the defendant knew its conduct violated the Telephone Consumer Protection Act (TCPA) to establish a willful or knowing TCPA violation....more
USA v. Reichert - The U.S. Court of Appeals for the Sixth Circuit recently affirmed a defendant’s criminal conviction under the Digital Millennium Copyright Act for trafficking technology that modifies technological...more
A jury found that Mid-Continent committed five separate violations of the Texas Insurance Code and awarded $2 million to the insured as compensation for the amount it paid to settle third-party claims. The trial court,...more