Resilient Design: A Future Requirement?
By: Catherine Bednar
Today’s headlines reflect an increasing awareness of climate change and its impacts – rising sea levels, heightened flood risks, and potential wildfires, to name a few. Scientific research and political debate over the causes/effects of and policy …
The Supreme Court Weighs in on Arbitrability, But Questions Remain
By: Ted Peters
As reflected in a prior article, the United States Supreme Court recently agreed to take another look at the issue of arbitrability. In the case of Henry Schein, Inc. v. Archer & White Sales, Inc., …
A Holly(cal) Jolly (Almost) Christmas
By: Zach Moura
In what is sure to be the beginning of a slew of cases litigating coverage for injuries caused by drones, the U.S. District Court for the Central District of California recently issued an opinion denying coverage under …
OSHA Developments Favorable for Employers
By: Amy Bender
Two recent OSHA developments signal good news for employers.
The first relates to the scope of OSHA inspections of an employer’s workplace. In a recent federal court case, after an employee of a poultry processing plant was …
Cal. Supreme Court Says Attorneys May Not Get Paid If They Have A Flawed “Blanket” Conflict of Interest Waiver
By: Greg Fayard
The California Supreme Court has weighed in on the vital importance of conflict of interest waivers. A flawed one could deprive attorneys of their fees.
On August 30, 2018, the Supreme Court analyzed the validity of a …
Don’t Get Bitten… Are You In Compliance With DOL's COBRA Continuation Coverage Election Notice?
By: Pamela Everett
The United States District Court for the Middle District of Florida has certified a class action suit against Marriott International, Inc. for allegations that it failed to provide required notices of eligible terminated employees’ right to continued …
Another Day, Another Dollar: Private Detention Center Sued By Detainees for Violations of the Washington Minimum Wage Act
By: Layli Eskandari Deal
A lawsuit filed by thousands of detained immigrants held at the Northwest Detention Center (NWDC) in Tacoma, Washington alleges systematic wage theft by GEO Group, Inc. The Plaintiffs seek to recover wages under the Washington Minimum …
Despite Causing Wildfires, PG&E Avoids Punitive Damages
By: Carlos Martinez-Garcia
On July 2, 2018, the Third Appellate District of California awarded Pacific Gas and Electric Company (PG&E) its first critical victory in defending itself against fire claims caused by its power lines: Butte Fire Cases, (2018) 24 …
Where Are They Now: The “Selfie Monkey” Naruto?
By: Shaun Daugherty
Remember Naruto? No? Well he received his 15-minute flash-in-the-pan fame over a picture very similar to the one that you see above. (The photo is in the public domain for reasons explained below.) The issue started when …
PA Fed. Ct. Finds UberBLACK Limousine Drivers Maintain Independent Contractor Status
By: John P. McAvoy
On April 12, 2018, Uber Technologies, Inc. won its legal battle on the recurring issue of independent contractor misclassification when the Eastern District of Pennsylvania granted the company’s motion for summary judgment in Razak v. Uber …
Circuits Now Split Three Ways Over False Claims Act Limitations Period
By: Robyn Flegal
The Eleventh Circuit Court of Appeals (governing Georgia, Alabama, and Florida), recently held that the three-year statute of limitations for the False Claims Act (FCA) begins when the government learns of alleged violations of the FCA, rather …
Leveling the Paying Field
By: Michael M. Hill
The Eleventh Circuit has held differences in work experience and salary history—factors many employers traditionally consider in setting pay rates—may not justify differences in pay between employees performing the same job.
Bowen v. Manheim Remarketing, Inc.…