On March 7, 2019, the U.S. Department of Labor (DOL) announced the long-awaited Notice of Proposed Rulemaking (NPRM) which proposes updates to the required salary amounts used to determine eligibility for certain exemptions from the FLSA overtime requirements.Read more
In Furry v. East Bay Publishing, the California Court of Appeal reversed a trial court’s decision denying a plaintiff relief for overtime and meal break claims.Read more
As of March 18, 2019, New Jersey employers may not include any provision in an employment contract that waives any substantive or procedural rights or remedies that relate to a claim of discrimination, retaliation or harassment. Any such provision is deemed unenforceable and against public policy.Read more
The Illinois Biometric Information Privacy Act was enacted in 2008 to regulate the collection and storage of biometric information by private entities. The Act covers retina or iris scans, fingerprints, voiceprints, and scans of hand or facial geometry, and requires entities to have a written collection / storage / destruction policy in place, and to obtain a written release from a person for the collection and use of their information.Read more
The Texas Citizens Participation Act (TCPA), enacted by the legislature in 2011, has been wreaking havoc in business and employment disputes due to the statute’s overbroad language, confusing and conflicting interpretation by the various courts of appeals and federal courts, and defendants’ persistence in invoking the statute’s dismissal process in trade secrets and non-compete lawsuits.
On March 4, 2019, the Supreme Court issued a unanimous decision overturning the Ninth Circuit Court's award of $12.8 million in costs in the copyright infringement matter Rimini Street, Inc. et al v. Oracle USA, Inc. et al. No. 17-1625, slip op. (U.S. Mar. 4, 2019).Read more
What if you determine that your company or insured has grounds to dismiss a state court complaint as well as a basis to remove the action to federal court? As the Eleventh Circuit noted in Yusefzadeh v. Nelson, Mullins, Riley & Scarborough, LLP, 365 F.3d 1244, 1246, litigating a state court action on the merits generally waives a defendant’s right to remove a state court action to federal court.Read more
Ohio is unique in its Workers’ Compensation laws. The state funded program has been effective over the years, but has not always been as employer-friendly as one might expect. Following on from former Governor John Kasich’s rebates in his last term, the state fund still appears to be overfunded. The Ohio Bureau of Workers’ Compensation has recognized this issue and is considering efforts to further reduce premiums across the board.Read more