Guns in Workplace: Primer for Employers in PA & NJ
4/12/18
By: John P. McAvoy
Presently and tentatively, Pennsylvania and New Jersey do not have guns-at-work laws. There are, however, gun laws in place in both states that similarly impede an employer’s ability to control the workplace; namely, the states’ right-to-carry …
Court Ruling Highlights Importance of Policy Language
4/11/18
By: America Vidana
In Mt. Hawley Insurance Co. v. Tactic Security Enforcement, Inc., No. 6:16-cv-01425 (M.D. FL. 2018), U.S. District Judge Paul Byron of the Middle District of Florida recently denied an insurance company’s motion for summary judgment, in …
Attorney-Client Privilege? FBI’s Raid of President Trump’s Personal Lawyer’s Office
4/10/18
By: Gregory T. Fayard
On April 9, 2018, federal agents raided the law office of Michael Cohen, President Trump’s personal attorney. The purpose of the raid purportedly concerned a payment made to porn actress Stormy Daniels related to an alleged …
4/10/18
By: Rebecca J. Smith
The U.S. Court of Appeals for the 9th Circuit, which heard the case of Rizo v. Fresno County Office of Education en banc last year, has changed the 9th Circuit’s position and found that …
Homeowners’ Associations: Banning Short Term Rentals May Violate California Coastal Act
4/9/18
By: Jeffrey R. Cluett
The California Court of Appeal overturned a denial of a preliminary injunction of a homeowners’ association resolution banning short term rentals (“STR”). It found that appellants made a prima facie case that the ban violated the …
When Appealing to the Environmentally-Friendly Consumer Results in RICO Litigation
4/6/18
By: Justine A. Baakman
With the push toward production of environmentally friendly motor vehicles driven primarily by consumer demand, vehicle manufacturers have been forced to rapidly adapt vehicle design and marketing strategies. Appeals to the environmentally conscious consumer often involve …
4/5/18
By: Michael M. Hill
The Eleventh Circuit has held differences in work experience and salary history—factors many employers traditionally consider in setting pay rates—may not justify differences in pay between employees performing the same job.
Bowen v. Manheim Remarketing, Inc.…
H-1B Visa Lottery: More Than One Ticket to the Jackpot?
4/5/18
The answer is No. U.S. Citizenship & Immigration Services (USCIS) has adopted a ruling made by the Administrative Appeals Office (AAO) to prohibit multiple H-1B visa request by related entities on behalf of the same beneficiary …
Eleventh Circuit’s Notice Requirement Read into Telecommunications Act
4/5/18
By: Dana K. Maine
In an opinion issued Monday, Athens Cellular, Inc. v. Oconee County, Georgia, et al, a panel of the Eleventh Circuit determined that a decision under Telecommunications Act (“TCA”) was “final” when the local government adopted …
Has Fiduciary Rule Suffered a Fatal Blow?
4/4/18
The Employee Retirement Income Security Act of 1974 (“ERISA”) defined a “fiduciary” as someone who provides investment advice for a fee. The following year, the U.S. Department of Labor (“DOL”) promulgated regulations that provided a five-part …
Devil Wine not a “Peril Insured Against"
4/3/18
By: Eric P. Benedict
A California Appellate Court recently ruled that a wine dealer’s fraud was not covered under a collector’s “Valuable Possessions” property insurance policy after the collector discovered that millions of dollars in “rare” wine bottles were sold …
Service Advisors Once Again Exempt From Overtime
4/3/18
By: Brad Adler & Michael Hill
After years of back and forth in the lowers courts, the Supreme Court has ruled that service advisors at auto dealerships are exempt employees under the Fair Labor Standards Act (“FLSA”). It’s the rare …