The Working Vacation
3/28/14
By: Lisa Gorman
When is the last time you took a vacation without your phone? Unless you’ve traveled someplace without cell reception, the answer is likely never. If you’ve brought your phone on vacation, and your work email is accessible …
College Football Players Are “Employees” And Can Unionize
3/27/14
By: Jonathan Kandel
In a surprising decision issued yesterday, the National Labor Relations Board’s (NLRB) Regional Director in Chicago ruled that scholarship football players at Northwestern University qualify as “employees” under the National Labor Relations Act (NLRA) and, therefore, can …
Florida Joins Georgia In Declaring Non-Economic Caps on Damages to be Unconstitutional
3/27/14
By: Scott Rees
Florida recently joined Georgia and at least five other states when its Supreme Court in a 5-2 decision ruled that a non-economic cap on damages in medical malpractice wrongful death cases is unconstitutional. The caps were part …
Contractors Win Big in Recent Federal Court Ruling
3/27/14
By: Gautam Reddy
A recent federal court ruling marked a decisive victory for contractors engaged in federal government projects. The case, Metcalf Construction Co. v. United States, Case No. 2013-5041 (Fed. Cir. Feb. 11, 2014), involved two majors issues: …
EEOC Holds Meeting on Social Media – Highlights Social Media Issues in Hiring Practices
3/21/14
By: Amanda Cash
On March 12, 2014, the EEOC convened a “listening session” to gather information about the growing use of social media and its impact on EEO issues. For employers, the EEOC meeting highlighted some pertinent concerns. In particular, …
White House Seeks an Increase in the Minimum Guaranteed Salary of Exempt Workers
3/17/14
By: Brad Adler
You may already know about the President’s push to increase the federal minimum wage from $7.25 to $10.10, but it may come as a surprise that the White House is now seeking an increase for even exempt …
Three Steps to Reduce Your Data Breach Exposure
3/13/14
By: David Cole
The U.S. is on pace for a record number of data breaches in 2013. If you think your organization is not at risk, guess again. Any organization with information about its customers, employees, or other individuals is …
Best Practices for Gramm-Leach-Bliley Compliance
3/12/14
By: David A. Cole
The U.S. Commodity Futures Trading Commission (Commission) recently issued a Staff Advisory on the recommended best practices for covered financial institutions that must comply with Gramm-Leach-Bliley Act (GLBA) provisions on data security and customer privacy.
Congress …
President Obama to Seek Expansion of Overtime Pay
3/12/14
By: David Cole
In an article this morning, the New York Times is reporting that President Obama will direct the Department of Labor (“DOL”) to revise its regulations enforcing the Fair Labor Standards Act (“FLSA”) to increase the number of …
Do Not Pass Go Until You Prove Damages: Medical Inquiry Claims
3/12/14
By: Jennifer Miller
The United States Court of Appeals for the Eleventh Circuit recently ruled that in order for an employee to state a claim under a provision of ADA, which generally prohibits employers from making medical inquiries, the employee …
Georgia’s Expert Affidavit Requirement: Broad Right to Cure Defects Includes Getting a New Expert
3/7/14
By: Michael Eshman
The Georgia Court of Appeals recently overturned the dismissal of a medical malpractice action that was dismissed based on the deficiency of the expert affidavit that was filed with the complaint. The affidavit filed with the complaint …
Insurer’s Communications with Outside Counsel Privileged? New York Supreme Court Says Fuggetaboutit
3/6/14
By William Ezzell
Consider the following scenario: an insurance company retains an attorney to assist in whether to deny coverage to an insured. The attorney investigates the facts underlying the claim and reads and analyzes the coverage provisions contained in …