In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against...more
3/18/2024
/ Constitutional Challenges ,
Day Laborers ,
Due Process ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Federal Labor Laws ,
Injunctions ,
NLRA ,
Preemption ,
Staffing Agencies ,
State Constitutions ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
Late last month, the Florida Supreme Court codified into Florida Rule of Civil Procedure 1.280(h) the “apex doctrine” and declared the doctrine applies with equal force to high-ranking corporate and government officials....more
9/16/2021
/ Apex Doctrine ,
CEOs ,
Corporate Executives ,
Depositions ,
Discovery ,
Employment Litigation ,
FL Supreme Court ,
Florida ,
Government Officials ,
Litigation Strategies ,
Rules of Civil Procedure
On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more
The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion concerning the Title VII retaliation protections afforded to third parties. Tolar v. Bradley Arant Boult Cummings, LLP, No. 19-11546 (11th Cir. May...more
On Tuesday, April 27, 2021, the Centers for Disease Control and Prevention (CDC) released updated guidance concerning facial coverings and social distancing for fully vaccinated individuals....more
Vaccine passports—standardized credentials showing proof of vaccination—are gaining momentum in some states as a means of returning to normalcy and allowing businesses to open fully to those who prove they have been...more
4/6/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Doing Business ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Florida ,
Health and Safety ,
Infectious Diseases ,
Labor Regulations ,
Labor Relations ,
NLRA ,
Policies and Procedures ,
State and Local Government ,
Unions ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
A federal court in New Jersey recently applied the arbitrary and capricious standard of review for a denial of benefits claim despite the enactment of an anti-discretionary statute in Minnesota, which governed the benefit...more
On March 29, 2021, Governor Ron DeSantis signed into law Florida Statute 768.38, intended to protect businesses, governmental entities, schools and other persons and entities from COVID-19 lawsuits if they made a good-faith...more
4/1/2021
/ Civil Liability ,
Coronavirus/COVID-19 ,
Employee Handbooks ,
Employment Policies ,
Florida ,
Good Faith ,
Gross Negligence ,
Immunity ,
Infectious Diseases ,
New Legislation ,
State and Local Government ,
Workers' Compensation Claim
On May 1, 2020, the Department of Labor released new versions of its model COBRA notices, adding a new action item for employers facing a contracting workforce and a growing wave of participant litigation....more
While everyone has been focusing on COVID-19 and still getting used to homeschooling their children, the Eleventh Circuit released a long-awaited (by some, at least) opinion pertaining to the Employee Retirement Income...more