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DOL issues guidance on retaliation scenarios
The Fair Labor Standards Act and the Family and Medical Leave Act are robust laws. For some employers, it’s not always clear when employee activities are protected under these laws. The U.S. Department of Labor (DOL) recently released guidance to help employers understand what constitutes illegal retaliation. Fair Labor Standards Act (FLSA) In one sample […]
Employers may need to notify employees about tracking devices
Employers use vehicle tracking devices for a variety of reasons. Employee location data can help improve routing, safety, record keeping, and customer service. Emerging state laws, however, mean that a growing number of employers have to notify employees when tracking devices are in use. As of April, New Jersey becomes the latest state to establish […]
Four ways to prepare your business for the future of digital payments
Digital transformation continues to sweep the country — especially as more companies and their customers embrace digital payment technologies. Here are four areas where your business can embrace the future of digital payments both with consumers and other businesses — and in doing so, take steps to improve your cash flow, profitability and efficiencies in […]
How employers can potentially avoid and handle OSHA citations
When faced with an OSHA citation, it is not uncommon for an employer to acknowledge that a rule was violated, accept the citation, pay the penalty, and move on. Often, evidence that a rule was violated is easily obtained by an OSHA inspector. For example, an inspector may arrive on a jobsite and, before even […]
Addressing hate symbols in the workplace
Hate symbols create a hostile work environment. Offensive imagery may include swastikas, confederate flags, 14/88 numerology, nooses, or other hostile slogans that target someone’s race or identity. Employees who are subjected to hate symbols in the workplace may have grounds for a discrimination claim. Employers who wish to create a safe workplace, free of harassment, […]
Retaliation case against Wayfair revived
Wayfair is expected to face trial on a former employee’s claim of retaliation, following a ruling issued by a federal appeals court in the case of Forsythe v. Wayfair. The employee claimed that Wayfair terminated her after she made allegations of sexual harassment. The plaintiff, Emily Forsythe, sued her former employer claiming sex harassment, sex […]
Life is messy; why not plan for it?
There seems to be a false notion floating around that somehow, we’re going to get everything in order tomorrow. That tomorrow, when we wake up, it will be the perfect day, where we will have ample time for the planning and legal work needed to minimize risk in the future. We talk a good game, […]
Tax breaks future is uncertain
The Biden administration’s determination to curtail or eliminate some valuable tax breaks, along with expiration dates baked into some provisions, has business owners worried. The future of President Joe Biden’s proposals is still uncertain — and tax breaks have been known to get a second life. Still, if it makes economic sense taxpayers may want […]
Task force issues blueprint to strengthen labor unions
The White House Task Force on Worker Organizing and Empowerment issued a report last month outlining proposals for increasing union participation and strengthening the right to organize. The report detailed more than 60 recommendations for revising labor laws and regulations. The task force developed its recommendations around three primary goals: Positioning the federal government as […]
Case reveals limits to ADA protections
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against someone because of their disability. Under the ADA, an employer is expected to make reasonable accommodations that would allow the employee to perform the essential functions of a job. Expectations change, however, when an employer can show the employee’s disability poses a “direct threat” […]
Key issues to consider in commercial lease termination agreements
Like in any long-term relationship, by the time a landlord and tenant have decided to terminate a commercial lease, both parties are usually in a rush to go their separate ways. Regardless of why a landlord and tenant decide to terminate a lease before its natural end date, early termination raises many common business and […]
National COVID-19 Preparedness Plan: What companies need to know
With the announcement of President Joe Biden’s new National COVID-19 Preparedness Plan, employers may need to review their workplace policies and protocols. The stated goal of the plan is to “enable America to move forward safely” from the COVID-19 pandemic. The plan covers: Protecting against and treating COVID-19, Preparing for new variants, Preventing shutdowns, and […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
