Depending on how the Supreme Court defines “actual knowledge” under ERISA, Intel v. Sulyma could give many plaintiffs a longer window to file ERISA claims. Continue Reading SCOTUS Hears ERISA Case on ‘Actual Knowledge’
Do plaintiffs lack actual knowledge of an ERISA disclosure if they didn’t read it?
The CDLE’s new overtime rule looks to implicate a lot of Colorado workers — with not a lot of time for employer compliance. Continue Reading Colorado Overtime Rule Would Trigger ‘Scramble’
Nearly 200,000 Colorado workers could become hourly under rule set for July
The SEC Enforcement Division’s activity, as well as the money it recovered, were up in 2019. But the numbers don’t tell the whole story. Continue Reading SEC Touts Enforcement Success Despite Shutdown
Enforcement Division reports increase in standalone actions and money collected in fiscal year 2019
In Tesone v. EMS, the 10th Circuit Court of Appeals ruled that an employee doesn’t need to have medical testimony to argue all ADA claims. Continue Reading ADA Claims Don’t Require Medical Experts, Panel Says
Tenth Circuit in Tesone v. Empire Marketing Strategies reverses summary judgment ruling
The PTAB judges scheme survived a constitutional challenge at an appeals court. Experts say the PTAB is safe but that this matter isn’t over. Continue Reading Federal Circuit Breaks, Fixes PTAB Judges Scheme
Despite continued challenges like Arthrex, inter partes review and other proceedings should withstand attacks, patent attorneys say
The federal government’s labor watchdog is using a more employer-friendly test to determine whether employers unlawfully… Continue Reading NLRB Upholds Restrictions on Employees’ Speech to Media
Although the decision in LA Specialty Produce favored the employer, media contact rules can still get companies in trouble if written broadly
Companies’ hopes the U.S. Supreme Court would soon shed some light on website accessibility, and perhaps… Continue Reading Uncertainty Persists in Web Accessibility and ADA
Companies will wait longer for guidance after U.S. Supreme Court rejects Domino’s Pizza appeal
Companies doing business in California have been watching to see if the state’s legislature would water… Continue Reading California Privacy Law Amendments Won’t Dull Its Impact
Legislature approves tweaks to the CCPA, and now businesses await action from the state’s attorney general
Employers face a litany of liabilities if they misclassify employees as independent contractors. But at least… Continue Reading Misclassification Per Se Doesn’t Violate Labor Law, NLRB Rules
In Velox Express, board majority delivers another employer-friendly independent contractor-related decision
When a college cited a professor’s“noncollegial” behavior for deciding to let him go, the professor responded… Continue Reading Tenth Circuit: School’s Grievance Process Foils Liability
Panel weighs in on qualified immunity and ‘cat’s paw’ theory in employer-friendly opinion