Employee or Independent Contractor? The Connecticut Supreme Court Weighs In
9/8/22
By: Janice D. Lai
On August 16, 2022, the Connecticut Supreme Court addressed what may constitute an enterprise’s “usual course of business” under Part B of the three-part statutory ABC Test, Conn. Gen. Stat. §31-222, for whether an individual is …
Post-judgment demand for prejudgment interest survives dismissal
9/7/22
By: Lee Whatling
The Eleventh Circuit Court of Appeals held recently that a claim for prejudgment interest made for the first time after liability had been determined was timely under Georgia law. In the underlying case, a Georgia district court …
Connecticut Supreme Court finds that apportionment of prior owners of property following drowning death of minor is proper
9/6/22
By: Ed Storck
In a unanimous decision, the Connecticut Supreme Court in Malisa Costanzo, Administratrix, et al v. Town of Plainfield, et al, SC 20537 (July 19, 2022), upheld the Court of Appeals’ reversal of a trial courts’ order sustaining …
Watch your step: New Jersey Tort Claims Act Summer law update
9/6/22
By: Nicholas J. Hubner
The New Jersey Tort Claims Act remains a viable defense this summer for public entities, even for cases involving uneven boardwalks at the New Jersey shore.
Under the New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:1-1 …
It’s Time to Makeup For Your Wrongs: California’s AG Declares First CCPA Enforcement Action Against Mega Retailer Sephora
9/1/22
By: Julia Bover
On August 24, 2022, California Attorney General Rob Bonta issued the first-ever enforcement action under the California Consumer Privacy Act (“CCPA”) against cosmetics retail chain Sephora.
The CCPA was signed into law in 2018 and went into …
Walmart Pregnancy Accommodation ruling puts pressure on Congress to act on The Pregnant Workers Fairness Act
8/30/22
By: Erin Lamb
A Seventh Circuit decision upholding the exclusion of pregnant workers from a Walmart distribution center’s temporary light duty policy is putting the spotlight on the Senate to pass The Pregnant Workers Fairness Act (“PWFA”). The PWFA is …
From Viking River Cruises v. Moriana to Adolph v. Uber Technologies, Inc.: The Arbitrability Of PAGA Actions In California Continues To Shift
8/29/22
BY: Daniel Parker Jett
On June 15, 2022, the Supreme Court of the United States issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___, 142 S.Ct. 1906 (2022), pertaining to the arbitrability of representative …
Two Carolina Courts Reject COVID-19 Business Interruption Claims
8/29/22
By: Shawn Bingham
South Carolina’s Supreme Court became the latest high court to side with an insurer in a Covid-19 business interruption case, adopting the majority approach to interpreting “physical loss or damage” in the typical commercial property policy. On …
California Court of Appeal rules in favor of policyholder in COVID business interruption case
8/25/22
By: Shawn Bingham and Amanda Figueroa
Recently, the California Court of Appeals, Second District, became only the second appellate court in the country—state or federal—to rule favor of a policyholder on a Covid-19 business interruption claim by holding that the …
New tip credit rules hit PA restaurant and service industry employers
8/25/22
By: Justin Boron
Pennsylvania has upped the ante on the restaurant industry.
Earlier this month, new regulations took effect aimed at regulating how employers pay tipped employees in restaurants and other service industry employees.
The regulations include the following:
…
FINRA Seeks to Increase Control Over Expungement of Customer Dispute Disclosures
8/23/22
By: Leo Kogan
Federal law mandates that the Financial Industry Regulatory Authority (FINRA) collect and maintain information about the qualification, employment and customer complaint histories of brokers and other registered financial services professionals. To that end, FINRA maintains the Central …
Massachusetts Enacts the Crown Act Banning Hairstyle Discrimination
8/11/22
By: Jennifer Markowski, R. Victoria Fuller, and Matthew Mattie
On July 26, 2022, Massachusetts joined 17 other states in prohibiting racial discrimination based on an individual’s natural hairstyle. The Creating a Respectful and Open World for Natural Hair …