1699 items, 20 items per page
- Labor and Employment Alert: Plaintiff Scores a Landmark Victory in ADA Public Accommodations Website Accessibility TrialThis week a federal judge in Florida passed down one of the most historic Americans with Disabilities Act (ADA) website accessibility decisions to date, finding that Winn-Dixie was liable under the ADA because its website was inaccessible.
- State and Local Tax Alert: New Effective Date for the Ohio Historic Preservation Tax Credit Certificate Could Cause Delay in Claiming CreditOn July 1, 2017, a new policy change will go into effect that could have a significant impact on recipients of the Ohio Historic Preservation Tax Credit, O.R.C. § 149.311.
- Client Alert: The Supreme Court Finds that Purchasers of Debts in Default are not “Debt Collectors” Under the FDCPAToday, in a unanimous decision delivered by Justice Gorsuch, the U.S. Supreme Court ruled that companies that purchase and collect defaulted debts for their own accounts are not “debt collectors” subject to the Fair Debt Collection Practices Act (FDCPA or the act).
- Labor and Employment Alert: Changing Course: Department of Labor Withdraws Recent Guidance on Independent Contractors and Joint EmployersToday, the U.S. Department of Labor (DOL) announced that it is withdrawing two Administrator’s Interpretations on joint employment and independent contractors that were issued under the Obama administration.
- Labor and Employment Alert: Oregon Adopts an Expansive Equal Pay Act That Prohibits Salary InquiriesRecently, Oregon enacted the Oregon Equal Pay Act of 2017. The act prohibits employers from inquiring into an applicant’s or employee’s salary history and expands the reach of the equal pay requirements.
- On May 30, 2017, New York City became the third city behind San Francisco and Seattle to prohibit the practice of “on-call scheduling” for retail employees.
- Client Alert: Young v. Bellamy: Ohio Court of Appeals Affirms Summary Judgment in Will Contest, Confirms High Bar to Overturn a Will on Undue Influence or Lack of Testamentary Capacity GroundsContestants of an Ohio will must overcome a very high threshold to establish that a decedent was unduly influenced or lacked testamentary capacity. Young v. Bellamy, decided on May 24, 2017, provides a new example of just how difficult it is to overturn a will.
- Labor and Employment Alert: California Court Finds That Consistently Applying Progressive Discipline Undermines At-Will EmploymentCalifornia, like 48 other states, is an employment-at-will state (Montana is the sole exception). This means that employment without a specified term may be terminated at the will of either party. But the presumption of at-will employment can be overcome by the parties agreeing – either expressly or impliedly – to limit the employer’s termination rights.
- On May 24, 2017, the Congressional Budget Office (CBO) and the staff of the Joint Committee on Taxation (JCT) released their analysis of the American Health Care Act (AHCA).
- The Family and Medical Leave Act (FMLA) prohibits an employer from discriminating or retaliating against employees who have used FMLA leave.
- State and Local Tax Alert: Short Window Now Open To Discuss Proposed 2017 Values with the Hamilton County AuditorThe Hamilton County Auditor recently mailed letters to all property owners notifying them of the 2017 new tentative values for their properties.
- The Ohio Workers’ Compensation system is a part of the opioid crisis in Ohio because injured workers have a very high level of opioid use.
- Each year, companies subject to the Payment Card Industry Data Security Standard (PCI-DSS) must review and update their incident response plans to ensure they are in proper compliance.
- The National Labor Relations Board (NLRB) recently found a regional fast-food chain’s uniform policy, which prohibited employees from wearing any type of buttons, pins or stickers not provided by the restaurant, to be in violation of NLRA Section 8(a)(1).
- As we reported previously, the federal Occupational Safety and Health Administration (OSHA) amended its recordkeeping rules related to workplace injuries and illnesses in May 2016 to require employers keeping such records to submit information to OSHA electronically.
- Cause marketing has become ubiquitous in bringing charities and for-profit companies together to mutually benefit each other and their communities. Cause marketing comes in many varieties. Sometimes a portion of sale proceeds is donated to charity, or other point-of-sale transactions permit customers at check-out to either donate a dollar or round-up their purchase to the next dollar with a donation. Campaigns often involve social media, and sometimes sharing or liking a message results in a corporate donation. An example of cause marketing is the Yoplait “Save Lids to Save Lives” campaign, in which Yoplait donates ten cents for every pink lid that is returned to it to support the Susan G. Komen Breast Cancer Foundation. Also, the Whole Foods Nickels for Nonprofits campaign allows customers to either receive or donate five cents for each reusable bag they provide.
- Effective July 1, 2017, Georgia’s employers will have to contend with a new paid sick leave law. But unlike other jurisdictions that impose paid sick leave mandates, Georgia’s law only applies to employers who already offer paid sick leave benefits to their employees.
- Labor and Employment Alert: Court Faults Employer for Failing to Provide Accurate Information Regarding Life Insurance ConversionA federal court recently ordered an employer, WellStar Health System Inc., to pay $750,000.00 to a former employee’s widow for breaching its fiduciary duty in administering its group life insurance plan.
- Labor and Employment Alert: West Virginia’s Safer Workplace Act Dramatically Revises the State’s Drug Testing PoliciesWest Virginia recently enacted the Safer Workplace Act to advance “the confidence of West Virginia workers that they are in safe workplaces ... by recognizing the right of West Virginia’s employers to require mandatory drug testing.”
- Labor and Employment Alert: California Supreme Court Grants Employers ‘Day Of Rest’ From Class ActionsCalifornia’s Labor Code ensures employees a “day of rest” by providing that every employee “is entitled to one day‘s rest therefrom in seven" and that "no employer of labor shall cause his employees to work more than six days in seven."
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