Jul 31, 2017

Preparing for the New EEO-1 Report

employee salaries

In 2016, the Equal Employment Opportunity Commission (“EEOC”) announced that the EEO-1 Report would now require covered employers to provide wage and hour information, in addition to demographic information, for employees.  Employers will choose one pay period to count employees by job category, sex, race or ethnicity.  The new report must contain each employee’s annual… Read more

Jul 26, 2017

The Use of Sovereign Immunity as a Defense in AIA Proceedings

patent law

Recent decisions by the Patent Trial and Appeal Board (PTAB) have given state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings in certain scenarios.  The first decision from the PTAB, which came earlier this year, resulted in three IPR petitions filed by Covidien LP being dismissed… Read more

Jul 20, 2017

Court of Appeals #13

Court of Appeals

The 2016/2017 Term of the Court of Appeals ended “not with a bang but a whimper” — that is to say, without any “blockbuster” rulings. The decisions of the last several months ran the gamut of civil litigation claims — from promissory estoppel; the damage element of a fraudulent inducement claim; New York jurisdiction to… Read more

Jul 5, 2017

Bed Bug [Litigation] Infests the Courts

Landlord-Tenant Law Book

Over the last several years litigation relating to bed bugs has resulted in many decisions by our Courts.  The proceedings raised issues relating, among others, to the warranty of habitability; causal connections; duty to mitigate and remediate; abatement of rent; right of access; cost sharing and shifting; proof of injury; and the scope of legally-cognizable… Read more

Jun 30, 2017

Department of Labor to Revise Overtime Rule

FLSA Paperwork

On June 30, 2017, the United States Department of Labor (“DOL”) told the Fifth Circuit Court of Appeals that it plans to revise the 2016 Final Rule (“Final Rule”) that set forth the salary level for employees to qualify for overtime exemption under the Fair Labor Standards Act (“FLSA”). In its brief, the DOL requested… Read more

Jun 29, 2017

Department of Labor Reinstates Opinion Letters

FMLA Notebook

The United States Department of Labor (“DOL”) announced on June 27, 2017 that it will reinstate issuance of Opinion Letters by its Wage and Hour Division to assist employers and employees in interpreting laws such as the Family and Medical Leave Act (“FMLA”) and the Fair Labor Standards Act (“FLSA”). These opinion letters will replace… Read more

Jun 19, 2017

Impact of Florida’s Medical Marijuana Bill on Employers

Medical Marijuana

In November 2016, Florida voted to make medical marijuana legal by approving the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2 [1]. The amendment expanded what was once a very narrow right in Florida for certain individuals to be treated with low dose THC cannabis. Amendment 2 allowed six months for the Department… Read more

May 24, 2017

The Importance of Reviewing Your Will

Last Will and Testament

Many people neglect to review their Wills, which often can have devastating results. We have advised clients that have found themselves in unfortunate situations and needed legal advice and counsel to deal with the consequences of an outdated will. Recounting a recent experience – When did I last review my Will? 1997. Yes, I remember… Read more