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With fall sports in full swing, it may be easy to miss the fact that the NCAA has also been busy competing in the courtroom. On the same day that a federal judge in California preliminarily approved a $2.78 billion settlement permitting college athletes to apply for payment for their on-field...

California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political matters. Both laws will take effect on January 1, 2025. On September 27, 2024...

In late September 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced a settlement with Cascade Eye and Skin Centers, P.C., a health care provider in the state of Washington (“CESC”), concerning potential violations of the Health Insurance...

This month’s Friday Five covers cases relating to Long-COVID, a class action RICO suit, the physical illness exclusion to accidental death and dismemberment claims, consideration due to an Administrative Law Judge’s disability determination, and self-reported claims of fatigue. The Saul Ewing ERISA...

Unlike casual gaming, esports involves professional players, structured tournaments, and often large audiences, both online and in-person, akin to traditional sports events. With its own ecosystem of leagues, sponsors, and media coverage, esports has evolved into a global phenomenon, drawing...

The benefits of a Revocable Trust are three-fold. Firstly, assuming that the Revocable Trust is properly funded with all of a person’s assets, a Revocable Trust helps avoid a state’s probate procedure, which can be costly depending on the state’s specific procedure. Secondly, a Revocable Trust is an...

Most Florida residents are aware that Florida has a homestead exemption law, but there is more to it than one might think. There are actually three different sets of laws in Florida that deal with the homestead. One of those is the “save our homes” exemption. The save our homes exemption limits how...

For many clients, the inclusion of revocable and/or irrevocable trusts as part of their overall estate plan is an important feature. Revocable trusts can allow for probate avoidance and estate tax planning, whereas irrevocable trusts can be useful for leveraging the use of gift and estate tax...

This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the admissibility of expert and lay testimony from a physician in a trial over LTD...

“Substantial Completion” is a critical concept in construction contracts and one as to which parties often have contrary conceptions. Finding a definition of Substantial Completion acceptable to both the owner and the construction contractor on a project (not to mention one that aligns with the term...

On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their “family responsibilities.” Illinois is the sixth state to offer this type of...

On August 21, 2024, the Consumer Financial Protection Bureau (CFPB) announced an enforcement action against Fay Servicing, a nonbank mortgage servicer, for alleged violations of federal mortgage servicing laws and non-compliance with a 2017 CFPB order. As part of this action, the CFPB has imposed a...

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices. The law is comprehensive in that it restricts employers from using AI that has the effect of...

The EB-5 program, officially known as the Employment-Based Fifth Preference Immigrant Investor Program, offers a compelling pathway for foreign investors to gain lawful permanent residency in the United States by investing in the U.S. economy. The EB-5 program is particularly attractive to...

On August 23, 2024, the Fifth Circuit Court of Appeals vacated the U.S. Department of Labor’s (DOL) much maligned 80/20 rule, which has largely been in flux in the decades since it was first introduced in a Field Operations Handbook in 1988. Under the 80/20 rule, up to 20 percent of a tipped...

On July 31, 2024, Massachusetts Governor Maura Healy signed into law the Frances Perkins Workplace Equity Act (the “Act”). The Act—aimed at promoting wage equity and transparency—imposes new requirements relating to both pay disclosure and pay data reporting on many businesses with employees in...

By now, employers across the country are aware of the Federal Trade Commission’s (“FTC”) pending rule banning the vast majority of non-competition agreements on a national level (the “Rule”). We have been tracking the Rule from its beginning, through various stages of the different legal challenges...

On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality of the circumstances in a Title VII sexually hostile work environment claim...

In the recent decision of New Jersey Staffing Alliance v. Fais, — F.4th —- (3d. Cir. July 24, 2024), the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law. New Jersey’s Temporary Workers’...

On August 1, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty of $115,200 against American Medical Response (“AMR”) based on a complaint that AMR failed to provide a patient with timely access to their medical records...

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