Newsletters

09.23.21

Suits Already Filed Under Updated Florida Laws

The first lawsuits have already been filed pursuant to Florida’s recently amended telemarketing laws, which were updated as of July 1 to provide for expanded liability.


09.23.21

New York Adds Text Messaging to Telemarketing Law

Bringing the law into the 21st century, the New York legislature has updated the state’s telemarketing statute to add text messaging.


09.17.21

Ninth Circuit Circumvents the FAA by Upholding Portions of CA Law Banning Mandatory Arbitration

On September 15, 2021, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act, raising questions as to whether many employers’ current practices of implementing mandatory arbitration agreements ...


09.10.21

Biden Administration Imposes a Workplace Vaccination Mandate, While CA Sets Aside a Similar Proposal

On September 9, 2021, President Biden announced a new COVID-19 plan, aimed to control the spread of the Delta variant and increase vaccination rates nationwide.


09.10.21

CA Court Affirms That Courts Have Authority to Ensure Manageability of PAGA Claims

The California Court of Appeal issued its opinion in Wesson v. Staples, Inc., holding that (1) courts have inherent authority to ensure that Private Attorneys General Act claims can be fairly and efficiently tried.


08.27.21

Mask Mandates Return, Along With Vaccination Requirements

​It’s déjà vu all over again, as mask mandates return and a growing number of employers—both public and private—require vaccinations for their workers.


08.27.21

Fourth Circuit Reverses, Reinstates Title VII Discrimination Claim

Title VII permits retaliation claims even when the plaintiff is not the party against whom the initial discrimination was directed, the U.S. Court of Appeals, Third Circuit has ruled, reversing the district court’s dismissal of a lawsuit filed by a white jail captain.


08.27.21

PAGA Claim Survives—Even Where Employee’s Claim Time-Barred

An employee can pursue a Private Attorneys General Act (PAGA) claim despite the fact that her individual claim against the employer is time-barred, a California appellate panel recently determined.


08.27.21

DOL Rescinds Joint Employer Rule

The Department of Labor (DOL) announced that it will officially rescind the joint employer rule promulgated by the Trump administration, effective September 28.


08.19.21

Due Process Concerns Prevent TCPA Damages, Despite Barr, Says Colorado Federal Court

In the latest post-Barr development, a federal district court in Colorado held that the government-backed debt exception was always invalid, but found that due process concerns prevented enforcement of the Telephone Consumer Protection Act lawsuit against the defendant.