Legal Alerts

Legal Alerts

  • May 06, 2021
    Biden Administration Repeals Trump-Era Independent Contractor Rule, Signals Change to Joint Employer Rule

    This week, the Department of Labor (DOL) repealed the Trump Administration’s independent contractor rule under the Fair Labor Standards Act (FLSA). The DOL has also proposed the rescission of the Trump Administration’s joint employer rule and sent a new proposed regulation to the White House Office of Information and Regulatory Affairs (OIRA) for review. Both moves signal a return to standards more likely to find an employment relationship.

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  • April 30, 2021
    In a Controversial Decision Certain to be Contested, Ninth Circuit Says FAAAA Does Not Preempt Enforcing A.B. 5 Against California Trucking Industry

    In a decision with wide-ranging implications for the California trucking industry, the Ninth Circuit Court of Appeals ruled this week that the Federal Aviation Administration Authorization Act of 1994 (the FAAAA) does not preempt the ABC employment test adopted under A.B. 5.

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  • April 29, 2021
    Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56

    Effective May 1, 2021, the Florida courts will transition to a new summary judgment standard meant to “align Florida’s summary judgment standard with that of the federal courts and of the supermajority of states that have already adopted the federal summary judgment standard.” Consistent with this amendment, Florida Rule of Civil Procedure 1.510 has been amended to adopt the federal summary judgment rule, with exceptions for timing-related issues.

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  • April 29, 2021
    Registration for Restaurant Revitalization Act Grants Begins April 30

    The Small Business Administration (SBA) is moving forward to implement an application process for tax-free COVID-19 relief grants to restaurants, bars, and food-service establishments. In the latest developments, the SBA portal will open at 9:00 a.m. ET on April 30, 2021 for applicants to register, and applications will be accepted starting Monday, May 3, at noon.

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  • April 27, 2021
    Philadelphia City Council Passes Ordinance Banning Pre-Employment Testing for Marijuana

    As a result of a new ordinance passed by Philadelphia City Council, employers, labor organizations, and employment agencies in Philadelphia may not require a prospective employee to submit to testing for the presence of marijuana in the person’s system as a condition of employment.

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  • April 23, 2021
    SEC to Regulated Companies: Be Prepared for ESG Scrutiny

    In actions announced by the Securities and Exchange Commission (SEC) over the past two months, the SEC is sharpening its focus on climate-related disclosures in public company filings. The emphasis is on how public companies address disclosures of actual and material impacts that climate change has on a company’s business and whether they comply with obligations under the federal securities laws.

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  • April 20, 2021
    Chief Judge Janet DiFiore Announces Return to Full Staffing Levels in New York Courts

    On April 19, Chief Judge of the Court of Appeals and of the State of New York Janet DiFiore released a message to the legal community announcing the New York State Unified Court System’s plans for returning to full staffing levels. In the announcement, Chief Judge DiFiore stated that, effective Monday, May 24, all judges and court staff will be required to return to work, noting, “It is time to return to our normal and full courthouse staffing levels in order to support the fuller resumption of in-person operations, including jury trials and other proceedings in our courts.”

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  • April 19, 2021
    One Step Closer: SBA Activates Website, Releases Sample Form for Restaurant Revitalization Act Grant Program

    On Saturday, April 17, the Small Business Administration (SBA) activated a new website and released a sample application form for the Restaurant Revitalization Act grant program established under the American Rescue Plan Act of 2021. Although applications are not yet being accepted, the limited funding available for this tax-free grant program and its first-come-first-served approach mean that applicants should lose no time in completing the new form so they can submit it at the earliest possible opportunity.

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