Wage and Hour Guidance for Employers Hit by Natural Disaster
9/11/17
By: Melissa M. Whitehead
When faced with a natural disaster, such as hurricanes and wild fires, there is so much to worry about – and the primary focus should always be on safety. However, in the immediate aftermath of natural …
Advancements in Medical Device Technology Prompts FDA Guidance Document for Manufacturers
9/8/17
By: Michael P. Bruyere and Samantha Skolnick
From operating rooms to a local pediatrician office; we know that medical devices have altered the medical field in a significant way. As technology, has improved; making our homes smarter and allowing our …
Computer System Fraud and Funds Transfer Fraud Coverages Extended to "Spoofing"
9/8/17
By: Richard E. Wirick
Computer theft insurance takes many forms. Under traditional commercial criminal theft products, coverage only applies if there is a “fraudulent (a) entry into…a Computer; [and] (b) a change to Data elements or program logic of a …
EEOC to Employers (Again): The FMLA Does Not Trump the ADA
9/7/17
By: Paul H. Derrick
The Equal Employment Opportunity Commission has sued an employer in Hawaii over its refusal to provide additional leave time as an accommodation for disabled employees who were unable to return to work without limitations after exhausting …
U.S. House of Representatives Preparing to Vote on a Proposed 2-year Delay of the ELD Mandate
9/6/17
By: Parker M. Green
The House could vote on a proposed 2-year delay of the ELD Mandate as soon as this afternoon. U.S. Rep. Brian Babin (R-TX) introduced the proposal – known as the “ELD Extension Act of 2017” – …
Court Gives Teacher's ADA Claims New Life
9/6/17
By: Courtney K. Mazzio
After many years of teaching, Joseph Terre found himself without employment upon his return from FMLA leave in October 2014 due to alleged budget cuts at the high school where he had been teaching Economics for …
Where Did the Dream Go?
9/6/17
By: Layli Eskandari Deal
On September 5, 2017, President Trump announced an end to the Deferred Action for Childhood Arrivals (DACA) program. The program was established on June 15, 2012 and deferred the deportation of foreign nationals that were brought …
Owen Rooney For Government Practice Group
9/5/17
By: Owen T. Rooney
In Ponte v. County of Calaveras, 2017 Cal. App. Lexis 710 the Court of Appeal held the plaintiff’s complaint for breach of a verbal contract was not brought in subjective and objective good faith under …
North Carolina Enacts Worker Misclassification Law
9/5/17
By: Paul H. Derrick
North Carolina’s new Employee Fair Classification Law creates a division within the state’s Industrial Commission to investigate and prosecute worker misclassification complaints. The law came about after a series of newspaper reports detailing the widespread practice …
Another Delay Is in the Works for the DOL Fiduciary Rule
9/1/17
By: Ze’eva R. Kushner
The landscape of the Department of Labor’s Fiduciary Rule continues to shift and has changed significantly since our last commentary on this topic in June. (DOL Fiduciary Rule is Delayed No More) On June …
Guidance on Compensation for After-Hours Work on Mobile Devices
9/1/17
By: Margot M. Parker
Of the many modern day conveniences brought to us by the rise of technology and widespread use of smartphones, one may be a double-edged sword. That is, you’re never off work. Or at least, so it …
DOL's Overtime Rule Is Struck Down
9/1/17
By: Michael M. Hill
If you heard a collective sigh of relief coming from your local business community yesterday, that may be because a federal court in Texas struck down the Department of Labor’s controversial overtime rule, which had been …