Over the past two years, we have heard much about the burden on “caregivers” during the pandemic. Whether it was caring for school age children while school was remote and daycare closed, or caring for elderly family members,...more
The Impact of "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" on Employer's Arbitration Provisions -
On March 3, 2022, President Biden signed into law H.R. 4445, “Ending Forced Arbitration...more
4/1/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Paternity Leave ,
Sexual Assault ,
Sexual Harassment
Over the last 18 months, nearly everyone has experienced increased stress as once simple decisions about day-to-day routines became more complicated, going to work and school became a potential health risk, and many families...more
Welcome to our final issue of the 2021 edition of SuperVision. Our attorneys have examined trending topics, discussed recent legal developments, and answered frequently asked questions. These are some of the issues we believe...more
11/3/2021
/ College Athletes ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRA ,
NLRB ,
OSHA ,
Vaccinations ,
Workers' Compensation Claim ,
Workplace Safety
Vaccine mandates and return-to-work scenarios seem to be the hot topics of the day, and with all hot topics, along comes litigation. Along with litigation, comes serious discussions by employers and organizations about how...more
9/20/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Remote Working ,
StubHub ,
Telecommuting ,
Unions ,
Vaccinations ,
Workplace Safety
As part of the recently enacted American Rescue Plan Act of 2021 (“ARP”), certain COBRA eligible individuals are eligible for temporary premium subsidies April 1 to September 30, 2021. These subsidies will cover 100 percent...more
Welcome to the fifth issue of the 2021 edition of Unprecedented. After our last issue published, the United States marked a grim milestone: 500,000 people dead from COVID-19, with about one in three Americans knowing someone...more
3/16/2021
/ Adult Entertainment ,
Auto Insurance ,
Business Interruption ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Eviction ,
Health and Safety ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
We are pleased to bring you our first SuperVision issue of the year. 2021 is anticipated to be a year of changes -- from a new presidential administration to a new phase of COVID-19 and vaccines -- and we are embracing that...more
Welcome to the second issue of the 2021 edition of Unprecedented. The first week of the Biden administration already has represented a shift to the federal government's approach to the COVID-19 pandemic. In addition to...more
Litigators often refer to so-called "bad facts," which are the facts that have the potential to sink a case with a jury. This 33rd issue of Unprecedented discusses a case with perhaps the worst alleged set of "bad facts" that...more
11/24/2020
/ Attorney's Fees ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Eviction ,
First Amendment ,
FL Supreme Court ,
Government Speech Doctrine ,
Hiring & Firing ,
Infectious Diseases ,
Masks ,
Moratorium ,
Personal Protective Equipment ,
Preliminary Injunctions ,
Wrongful Death
The Editors' Note -
Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...more
9/5/2020
/ Appeals ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Rule ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Harassment ,
Lack of Authority ,
New Guidance ,
NLRA ,
NLRB ,
Notice of Right to Sue ,
Paid Leave ,
Protected Activity ,
Quarantine ,
Remote Learning ,
Section 7 ,
State OSHA Laws ,
Traveling Employee ,
Virginia ,
Workplace Safety
The Department of Labor has updated its list of FAQs about the Families First Coronavirus Response Act (“FFCRA”) to address when employees would be eligible for Emergency FMLA leave when the employee’s child’s school is...more
9/3/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Paid Leave ,
Paid Time Off (PTO) ,
Public Health Emergency ,
Quarantine ,
Remote Learning ,
School Closures ,
Wage and Hour
This 21st edition of Unprecedented, our weekly update on COVID-19-related litigation, pairs defense victories with new claims. Lenders obtained the dismissal of a lawsuit claiming agent fees under the PPP program, and...more
8/27/2020
/ Agricultural Workers ,
Amazon ,
Bars ,
Borrowers ,
Breach of Contract ,
Business Closures ,
CARES Act ,
Civil Authority Coverage ,
Civil Rights Act ,
Contamination ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Dismissals ,
Executive Orders ,
Farms ,
Finder's Fees ,
Health Care Providers ,
Infectious Diseases ,
Injunctions ,
Lenders ,
Local Ordinance ,
Masks ,
Mediation ,
Online Education ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Price Gouging ,
Property Damage ,
Public Gatherings ,
Sanitation ,
School Closures ,
Sick Customers ,
Small Business Loans ,
State and Local Government ,
Third-Party ,
Universities ,
Unjust Enrichment ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety ,
Wrongful Death
This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more
7/23/2020
/ Business Interruption ,
Civil Authority Coverage ,
Civil Monetary Penalty ,
College Athletes ,
Confrontation Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Court Schedules ,
Criminal Procedure ,
Cruise Ship Passengers ,
Cruise Ships ,
Denial of Insurance Coverage ,
Disgorgement ,
Dismissal With Prejudice ,
Dismissals ,
Emergency Orders ,
Governor Wolf ,
Injunctive Relief ,
Insurance Brokers ,
Masks ,
Negligence ,
Negligent Infliction of Emotional Distress ,
NFL ,
OSHA ,
Policy Exclusions ,
Price Gouging ,
Prisoners ,
Property Damage ,
Restitution ,
Safety Standards ,
School Sports ,
State Attorneys General ,
Student Athletes ,
Unfair or Deceptive Trade Practices ,
Video Recordings ,
Videoconference ,
Virtual Litigation ,
Witnesses ,
Writ of Habeus Corpus ,
Writ of Mandamus ,
Zone of Danger Test
This 15th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. This week we note how COVID-19 has accelerated a pre-existing trend toward class action litigation. And...more
7/19/2020
/ Airlines ,
American Civil Liberties Union (ACLU) ,
Business Closures ,
Business Interruption ,
Casino Employee ,
Casinos ,
Class Action ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Cruel & Unusual Punishment ,
Denial of Insurance Coverage ,
Disability Discrimination ,
Enforcement Actions ,
Entertainment Venues ,
Executive Orders ,
Exemptions ,
Failure to Comply ,
Government Lockdown ,
Gym Memberships ,
Health Care Providers ,
Hospitality Industry ,
Hotels ,
Infectious Diseases ,
Injunctive Relief ,
Limitation of Liability Clause ,
Masks ,
Personal Protective Equipment ,
Popular ,
Prisoners ,
Private Schools ,
Public Nuisance ,
Quarantine ,
Refunds ,
Shelter-In-Place ,
Sick Employees ,
Social Distancing ,
Trump Administration ,
Unions ,
Universities ,
Workplace Safety
This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more
7/13/2020
/ Arbitrary and Capricious ,
Austria ,
Bars ,
Board of Education ,
Class Action ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Disparate Impact ,
Due Process ,
Emergency Management Plans ,
Equal Protection ,
Eviction ,
Executive Orders ,
Failure To Protect ,
First Responders ,
Florida ,
Free Speech ,
Government Shutdown ,
Governor Cuomo ,
Governor Pritzker ,
Infectious Diseases ,
Injunctive Relief ,
Kid Rock ,
Lack of Authority ,
Landlords ,
Liquor Licences ,
Local Ordinance ,
Long Term Care Facilities ,
Masks ,
Medical Monitoring ,
Moratorium ,
Negotiations ,
New York ,
Non-Essential Businesses ,
Nursing Homes ,
On-Call Employees ,
Parental Rights ,
Pennsylvania ,
Permanent Bans ,
Personal Protective Equipment ,
Protests ,
Public Schools ,
Rent ,
Restaurant Industry ,
Right to Privacy ,
San Francisco ,
Social Distancing ,
State Constitutions ,
State Health Departments ,
State of Emergency ,
Students ,
Takings Clause ,
Teachers ,
Tenants ,
Tennessee ,
Texas ,
Tourism ,
Wage and Hour ,
Workplace Decontamination
This 13th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in everything from constitutional law to tort liability. Shutdown cases show no signs of slowing down, and it seems...more
6/29/2020
/ Breach of Contract ,
Business Closures ,
Commercial Leases ,
Commercial Tenants ,
Contract Disputes ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Event Cancellation ,
Fifth Amendment ,
Fourteenth Amendment ,
Health and Safety ,
Landlords ,
Refunds ,
Workplace Safety
This 12th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in labor and employment cases, consumer protection cases, and civil rights litigation. Price gouging and fraud for...more
6/22/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Event Cancellation ,
Fraud ,
Loan Applications ,
Masks ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Price Gouging ,
Public Health ,
Refunds ,
Vendors
This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more
6/16/2020
/ Business Interruption ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Elder Care ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
Insurance Industry ,
Insurance Litigation ,
Multidistrict Litigation ,
Nursing Homes ,
Paycheck Protection Program (PPP) ,
Pharmaceutical Industry ,
Police Power ,
Prison ,
Prisoners ,
Public Health ,
State Constitutions ,
State Legislatures ,
Vaccinations ,
Wrongful Death
This tenth edition of Unprecedented, our weekly update on COVID-19-related litigation, finds us reporting fewer shutdown-related cases than in previous weeks, suggesting that these cases are winding down as the country opens...more
6/8/2020
/ Business Closures ,
Commercial Leases ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Health and Safety ,
Infectious Diseases ,
Insurance Litigation ,
Masks ,
Multidistrict Litigation ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Prisoners ,
Rent ,
School Closures ,
State and Local Government