Monthly Archives: May 2020

ILN Today Post

Key takeaways from the Economic Package announced by Union FM

Prime Minister Shri Narendra Modi announced Rs 20 lakh crore fiscal stimulus equivalent to 10 per cent of India’s GDP to deal with COVID-19 situation in the country, the Union Finance Minister Nirmala Sitharaman announced the following changes in the various other sectors to promote the motto of Self Reliant India and boost the economic status of the Country.

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New Jersey Affidavit of Merit Statute Applied to Nursing Case Despite “Common Knowledge” Claim

The Supreme Court of New Jersey unanimously held in Linda Cowley v. Virtua Health System (A-47-18) (081891) that the “common knowledge” exception of the Affidavit of Merit Statute applies only when a simple negligence standard is at issue, and does not apply when a specific standard of care must be evaluated.  In this case involving if and how to reinsert a removed nasogastric tube, the Court reversed the judgement of the Appellate Division and dismissed the plaintiff’s complaint with prejudice because she failed to submit an affidavit of merit within the time required by the Affidavit of Merit Statute.

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Time Is Money: A Quick Wage-Hour Tip on … California Overtime

California law has specific requirements regarding the payment of overtime to employees. An employer’s failure to pay overtime—or failure to pay the correct overtime rate—can result in a litany of unintended Labor Code violations, which, in turn, can lead to enormous liability. Therefore, it is critical that employers understand when overtime is due and how to calculate the overtime rate of pay.

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ILN Today Post

General considerations regarding Coronavirus (COVID-19) consequences on contracts under Mexican legislation.

Due to the crisis caused by COVID-19 and the different decrees and resolutions issued in connection thereto by the Mexican Federal Government, many doubts and questions have emerged regarding the effects this will have on contractual relationships among individuals.

Listed below are some relevant legal considerations regarding the enforceability of contractual obligations:

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ILN Today Post

Massachusetts Businesses Given the Green Light to Reopen

On May 18, 2020, Governor Baker and his administration unveiled the findings of the Reopening Advisory Board and the details of the Massachusetts Reopening Plan (the Plan). The Plan contains four phases, each of which will last a minimum of three weeks and possibly longer depending on where the public health data stands at each point. Each phase focuses on different sectors and industries, with the goal being that by Phase 4, the Commonwealth will establish a “New Normal,” with a full resumption of activity.

In addition to the Reopening Advisory Board’s Report, the administration has released Social Guidance, Mandatory Workplace Safety Standards, and various Sector-Specific Protocols and Best Practices. Regardless of which phase a business finds itself in, that business must demonstrate compliance with all three before reopening. Businesses that perform essential services, however, will have until May 25, 2020 to demonstrate compliance. Read more…

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Required Safety Guidelines for Reopening Michigan Companies

As Michigan businesses begin the process of reopening, they must comply with Governor Gretchen Whitmer’s Executive Order 2020-91 (“Order”) regarding “Safeguards to protect Michigan’s workers from COVID-19.”  The Order includes detailed safety standards, with which employers in construction, manufacturing, retail, research labs, offices and restaurants, must comply, for the stated goal of protecting workers and customers from the novel coronavirus.

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In the Age of COVID-19, Make Your Content About Building Relationships

It’s week ten of lockdown in my state, and while there are some places that are entering a phased reopening, some countries have extended their border lockdowns and many of the firms I have talked to are planning to continue remote working for a while because it has proven so effective. As a result, we all continue to have to find new ways to network, build relationships, and yes, even in some cases, develop business.

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Supreme Court of California Holds That Claims Under the UCL and FAL for Civil Penalties Do Not Guarantee A Jury Trial

On April 30, 2020, the California Supreme Court (“Court”) ruled on April 30, 2020 that claims brought pursuant to California’s Unfair Competition Law (“UCL”) and the False Advertising Law (“FAL”) are not entitled to a jury trial.

In Nationwide Biweekly Administration, Inc. et al., v. The Superior Court of Alameda County, the federal Consumer Financial Protection Bureau (“CFPB”) brought an action against Nationwide Biweekly Administration, Inc. (“Nationwide”) and others, alleging that Nationwide and the other defendants falsely advertised their services and as a result operated unfairly relative to their competitors in violation of the UCL and the FAL. The CFPB sought both injunctive relief and civil penalties.

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California Court of Appeals Finds Uninvolved Joint Employers are Innocent Bystanders, Cannot Be Held Liable for Harassment and Discrimination Claims

On April 7, 2020, the California Court of Appeals (the “Court”) upheld summary judgment for two professional employer organizations (referred to in the decision as a “staffing agencies”) accused of harassment and discrimination by one of its “leased” employees. In Ducksworth v. Tri-Modal Distribution Services, the Court found that joint employers—and more specifically staffing agencies—cannot be held liable for harassment and discrimination claims absent a showing that they participated in or were involved in the alleged wrongful conduct.

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Guidance Issued on Resuming Elective Surgeries in New Jersey

On March 23, 2020, Governor Phil Murphy signed Executive Order 109, which “limit[ed] non-essential adult elective surgery and invasive procedures, whether medical or dental, [in order to] assist in the management of vital healthcare resources during this public health emergency.” The purpose of EO 109 was to “limit[] exposure of healthcare providers, patients, and staff to COVID-19 and conserve[] critical resources such as ventilators, respirators, anesthesia machines, and Personal Protective Equipment (‘PPE’) [that] are essential to combatting the spread of the virus.” At the time EO 109 was executed, coronavirus cases were rapidly increasing within the State. On March 23rd, New Jersey had 2,844 coronavirus cases in all 21 counties, an increase of 935 over the previous day, and at least 27 people had died.

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