- DOL Opinion Letter Clarifies How Employers Are Supposed to Calculate Family and Medical Leave Act When It’s Taken During a Week That Includes a Holiday
June 5, 2023
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These ...
- Injury v. Discovery: When Copyright Holders Can Recover Damages for Infringement that Occurred More than Three Years Before Discovery of the Infringement
June 2, 2023
Since the Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, 572 U.S. 663 (2014) allowing copyright plaintiffs to recover for damages incurred during a three-year look-back period even when suit is filed many years after the initial infringement occurred, defendants have argued that plaintiffs’ recoverable damages are limited to those sustained in the three years preceding ...
- New Jersey’s New Temporary Workers Law Challenged in Federal Court
May 31, 2023
In a case with monumental implications for the temporary staffing industry in the State of New Jersey, a group of industry trade associations and advocacy groups representing New Jersey temporary staffing agencies have sued the State over its recently enacted Temporary Laborers’ Bill of Rights. In their twenty-five page complaint filed in New Jersey federal court ...
- “Render Unto Caesar What is Caesar’s, But No More” Money Grab by County Taxing Authority Held Unconstitutional
May 26, 2023
On May 25, 2023, the United States Supreme Court issued a unanimous decision in Tyler v. Hennepin County ruling in favor of a 94-year-old property owner from Minnesota who refused to accept the government’s alleged right to sell her home for unpaid real estate taxes and keep the excess proceeds above the amount necessary to ...
- DOL Issues New FLSA and FMLA Worksite Posters – What Employers Need to Know
May 22, 2023
The U.S. Department of Labor (DOL) recently updated the required federal worksite posters that all covered employers must display under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), and more changes are on the horizon. Here’s what employers, business owners, and HR managers need to know about the newly-updated ...
- Conducting Depositions in a Virtual World
May 19, 2023
The COVID-19 pandemic altered the landscape for many industries, the legal industry being no exception. The inability to attend hearings, trials, or even client meetings in-person forced lawyers to adapt to new ways of working. One of the most significant, and likely most permanent, changes has been the move to virtual depositions. A deposition is a ...
- U.S. Supreme Court to Review Standard of Proof in Corporate Whistleblower Retaliation Cases
May 15, 2023
In a case with potentially significant and wide-ranging implications for federal whistleblower retaliation protections, the United States Supreme Court has agreed to review a Second Circuit Court of Appeals ruling regarding the evidentiary burden of corporate whistleblowers under the anti-retaliation provisions of the Sarbanes-Oxley Act of 2002 (SOX), 18 U.S.C. § 1514A. The Court will ...
- May 11, 2023, Marks The End of the COVID-19 Pandemic Public Health Emergency
May 11, 2023
May 11, 2023, marks the end of the COVID-19 pandemic public health emergency (“PHE”)—the beginning of a significant phase in the pandemic response in the U.S., as well as the ending of a series of benefits enabled by the emergency. The end of the PHE means a number of provisions will end, including mandates that health insurance ...
- Community Association Transition Litigation: “Who ya gonna call?”
May 5, 2023
It’s no secret that litigation can be a costly and stressful process, and this can be particularly so for community associations finding themselves facing transition litigation following the transfer of control over the community from the sponsor/developer to the unit owners. The costs can quickly become overwhelming, leading many potential claimants, including community associations, to ...
- Shareholder Disputes in Pennsylvania
May 2, 2023
Shareholder disputes can be costly and time-consuming for Pennsylvania businesses. These disputes can arise for various reasons, including disagreements over management decisions, allegations of breaches of fiduciary duties, and disputes over ownership and control of the company. Pennsylvania law provides various avenues for litigating shareholder disputes, including mediation, arbitration, and litigation in state and federal courts. ...