Insights

March

• 3/31/2016
  Companies Must Police Unauthorized Online Sales Themselves, Cannot Rely on eBay or Other Sites
  If a company suspects that an online seller is engaged in the unauthorized re-selling of its products online, it is up to that company to take action and attempt to enforce its policies and procedures — to the extent that it has any.
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• 3/30/2016
  Labor and Employment Alert: Second Circuit Says HR Manager May Be Individually Liable For FMLA Violations
  The Second Circuit Court of Appeals (with jurisdiction over New York, Connecticut, and Vermont) recently held that a director of Human Resources may be an “employer” and thus can be held individually liable for violating the Family and Medical Leave Act (FMLA). Under the FMLA, an individual may be held liable only if he or she is deemed to be an “employer,” meaning “any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer.”
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• 3/28/2016
  Labor and Employment Alert: Connecticut Supreme Court Teaches the “ABCs” of Independent Contractor Status
  Connecticut has long used the “ABC Test” for determining whether an individual is an employee or independent contractor for purposes of the state’s unemployment compensation law. Recently, in Standard Oil v. Administrator, Unemployment Compensation, the Connecticut Supreme Court expanded the test for determining who qualifies as an independent contractor.
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• 3/24/2016
  Labor and Employment Alert: New Persuader Rule Alters Employers’ Reporting Obligations
  The U.S. Department of Labor (DOL) issued its new persuader rule yesterday. The final rule is largely unchanged from the proposed rule that was originally published in 2011. As expected, the DOL’s new interpretation departs from decades of precedent to expand the definition of “persuader” activities while limiting the definition of “advice” activities.
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• 3/23/2016
  Oil and Gas Alert: Bankruptcy Court Issues Opinion Allowing the Rejection of Certain Midstream Agreements
  On March 8, 2016, a New York Bankruptcy Court issued a bench decision in the Sabine Oil & Gas Corporation Chapter 11 case. The Court’s decision concerning a producer’s request to reject certain portions of its midstream agreements has sent shockwaves through the oil and gas industry.
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• 3/23/2016
  Employers Must Avoid ‘Retaliation’ If Suing Employees for Defamation
  Employers are vulnerable to being the targets of negative online and social media postings, and sometimes these statements can give rise to defamation claims. However, an employer considering suing a current or former employee for internet defamation must be careful if the (ex-)employee recently engaged in protected activity.
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• 3/22/2016
  Oil and Gas Alert: Ohio Court Of Appeals Issues Decision on Effect of Pugh Clause, Expansion of Drilling Units, Equitable Tolling
  On March 4, 2016, the Ohio Seventh District Court of Appeals in Summitcrest, Inc. v. Eric Petroleum Corp., et al., addressed several issues concerning oil and gas leases in Ohio.
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• 3/21/2016
  Labor and Employment Alert: Ohio Supreme Court Upholds the Minimum Wage Exemptions in Ohio Law
  Employers in Ohio dodged a bullet last week. In a 5-2 ruling, the Ohio Supreme Court decided that a 2006 constitutional amendment increasing the minimum wage did not eliminate previously applicable exclusions and exemptions to the minimum wage requirement.
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• 3/21/2016
  • Victor J. Ferguson
  • David A. Groenke
  • Emily S. Pan
  • Michael G. Schwartz
  • David A. Swift
  • Mark E. Vannatta
  The Various Ways in Which Property Passes at Death
  It is important to regularly review asset titling and ensure such titling is consistent with one’s estate plan.
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• 3/21/2016
  • Victor J. Ferguson
  • David A. Groenke
  • Emily S. Pan
  • Michael G. Schwartz
  • David A. Swift
  • Mark E. Vannatta
  • Suzanne R. Galyardt
  The Various Ways in Which Property Passes at Death
  Mr. Smith, a widower, died survived by his three children. At the time of his death, Mr. Smith had the following assets: Residence (valued at $250,000), Checking/Savings Accounts (valued at $50,000) and Investment Account (valued at $600,000).
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• 3/17/2016
  Labor and Employment Alert: Utah Law Now Restricts Non-Compete Agreements
  In March 2016, Utah enacted the “Post-Employment Restrictions Act” (House Bill 251) to regulate non-compete agreements. Beginning May 10, 2016, an employer and an employee may not agree to a post-employment restrictive covenant for more than one year from the day on which the employee is no longer employed by the employer. A restriction longer than one year is void.
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• 3/16/2016
  How a Company Operates Can Impact Whether It May Have Legal Claims Against Unauthorized Sellers
  Unauthorized online sales have become very problematic for many businesses, including those offering high-end luxury products, companies selling beauty and skin care products and also multi-level marketing (or MLM) companies.
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• 3/15/2016
  Labor and Employment Alert: Court Finds That a Company’s Clear Wage-Hour Policy Defeats a Claim For Unpaid Overtime
  A recent case from the Fifth Circuit Court of Appeals highlights the importance of well-drafted and strictly enforced wage-hour policies. In Ambrea Fairchild v. All American Check Cashing, Inc., 811 F.3d 776 (5th Cir. 2016), All American’s overtime policy prohibited hourly employees from working overtime without prior approval and required employees to accurately report all of their hours worked in its timekeeping system.
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• 3/10/2016
  Labor and Employment Alert: For Want Of A Nail: Without a Disclaimer, Employee Handbook May Create a Contract
  A recently decided case from an Ohio Court of Appeals breathes life into that proverb, teaching companies the importance of having a properly drafted employee handbook.
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