Trifling security is no trifle, PA Supreme Court says
7/28/21
By: Justin Boron
A security check at work is no trifle when it comes to paying hourly workers, the Pennsylvania Supreme Court recently held. Justices voted 5-2 in In Re Amazon Fulfillment Center to hold that time spent waiting in …
Judge rules Massachusetts public accommodation cases can skip MCAD and go directly to court
7/26/21
By: Jennifer Markowski or Lori Eller
In a recent Massachusetts Superior Court Order, Catherine Peters v. Boston Properties, Inc., et al. Memorandum of Decision and Order on Defendants’ Motion for Judgment on the Pleadings, Judge Debra A. Squires-Lee held that …
We’re not in Kansas anymore: standards for buildings in tornado country
7/23/21
By: Kyle Virgin
The American Society of Civil Engineers (ASCE) recently released its draft version of the 2022 edition of its building standards and, for the first time, the standards may very well include guidance on the design of facilities, …
District of Massachusetts indicates that employment alone is not sufficient consideration under the Massachusetts Noncompetition Agreement Act
7/21/21
By: Victoria Fuller and Lori Eller
In KPM Analytics N. Am Corp. v. Blue Sun Sci., LLC, the District of Massachusetts recently provided some much-needed guidance concerning the enforceability of non-compete agreements governed by the Massachusetts Noncompetition Agreement Act, …
Update: Does what happens in mediation stay in mediation?
7/12/21
By: Barry Miller
Last August, FMG reported on Mosely v. Arch Specialty Fire Insurance, a case from the Court of Appeals of Kentucky that said courts cannot use an insurer’s conduct at mediation as evidence in a subsequent bad …
New Jersey Supreme Court Throws Support behind Ongoing Storm Rule (with Limited Exceptions)
7/9/21
By: Josh Ferguson and Michelle Yee
The New Jersey Supreme Court has re-affirmed Defendants’ ability to use the Ongoing Storm Rule to support the defense of a snow/ice slip and fall claim.
In Pareja v. Princeton International Properties, 463 N.J. …
Ransomware Regulation for Critical Infrastructure and Beyond: Recent Federal Approaches and the Possibility of a More Systematic Framework for Combatting Attacks
7/9/21
By: Ryan Mayo
Recent ransomware cyberattacks on critical infrastructure, including the devastating attack on Colonial Pipeline, have forced the federal government to immediately consider new regulations and legislation to protect American interests. As regulators and Congress move quickly, industries and …
Here’s a tip: don’t expect the regulation governing servers’ tips to get clear anytime soon
7/6/21
By: Justin Boron
As we have previously noted, the regulatory seesaw on the tip credit a business may take on employees’ tips has continued under the Biden Administration. After reversing the previous administration’s banishment of the so-called 80/20 rule…
During Hurricane Season, Rains Come Down and Claims Handling Ramps Up
7/6/21
By: Justin Boron
With the dog days of summer here and Hurricane Elsa bearing down on parts of the Gulf Coast, it’s worth a reminder that hurricanes precipitate—in addition to other weather phenomena—insurance claims.
The claims handling insurance laws as …