North America

Ninth Circuit Concludes That Time in Airport Security Line is Not Compensable for Employees of Airport Vendors

Many people are employed at airports.  Of those, many individuals work within the terminals for private companies.  Federal law requires that those employees who work in the terminals must go through security checks – just like travelers.

Jesus Cazares was one of those employees, working at Los Angeles International Airport (LAX).  In bringing a lawsuit against his employer, Host International, Inc. – which operates the Admiral Club at LAX – Cazares alleged that he and his fellow employees were not paid for the time they spent passing through airport security checks en route to their work at the Admiral Club.  The district court rejected the notion that such time is compensable under California law and, earlier this month, the Ninth Circuit agreed in Cazares v. Host International, Inc.

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Quebec Court of Appeal Decision: Security Obligation of a Mountain Resort

By Marc-Olivier Brouillette, from our Insurance Law Practice Group

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August 27, 2021 — The Quebec Court of Appeal recently upheld a decision of the Superior Court in Ski Bromont.com c. Jauvin, 2021 QCCA 1070, condemning a mountain resort to pay a guest $152,579 following a fall from a chairlift after resort employees left a customer stranded.

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Washington, D.C. Postpones Ban on Non-Competes

Washington, D.C. employers have more time to get their non-compete ducks in a row. On August 23, 2021, Mayor Bowser signed the Fiscal Year 2022 Budget Support Act of 2021 (B24-0373) (the “Support Act”), which includes various statutory changes necessary to implement the D.C. FY 2022 budget. As expected, the Support Act postpones the applicability date of the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Non-Compete Act”) until April 1, 2022. The postponement not only provides more time for employers to prepare for the non-compete ban—it also permits the D.C. Council to continue its consideration of additional amendments to the Non-Compete Act. For a summary of those other possible changes, please see our recent post here.

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Twenty-Eight Howard & Howard Attorneys Named to The Best Lawyers in America® and Best Lawyers: Ones to Watch in America 2022

Royal Oak, Mich., August 26, 2021 – Howard & Howard is pleased to announce that 22 of our attorneys were selected for inclusion in The Best Lawyers in America® 2022 and six of our attorneys were included in Best Lawyers: Ones to Watch in America 2022.

The Howard & Howard attorneys and the practice area(s) under which they are listed in The Best Lawyers in America® 2022 are:

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Time Is Money: A Quick Wage-Hour Tip on … Compensability (or Not) of COVID Screening

Employers grappling with the many questions related to bringing employees back into the workplace safely in the midst of the COVID-19 pandemic should pay close attention to the potential wage-and-hour risks attendant to doing so—including whether to pay employees for time spent waiting in line for a temperature check, verifying vaccination status, or completing other health screening inquiries.

Given the growing trend of COVID-19 lawsuits, ignoring these risks could leave employers vulnerable to costly class and collective action litigation.

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Video: OSHA Updates COVID-19 Guidance, NLRB GC’s Priorities, Biometrics at Work – Employment Law This Week

As featured in #WorkforceWednesdayThis week, we look at new federal guidance recommending all employees wear masks in the workplace and unique vaccination considerations for unionized workplaces.

OSHA Updates COVID-19 Mask, Vaccination Guidance

The Occupational Safety and Health Administration (OSHA) recently updated its COVID-19 guidance, now recommending that all employees wear masks in the workplace, even if they’re vaccinated. Meanwhile, employers with unionized workforces face unique considerations with regard to vaccination polices. Attorneys Bob O’Hara and Neresa De Biasi tell us more.

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Reminder to ERISA Fiduciaries: ERISA May Not Protect Fiduciaries from Liability Under State Law

The recent Seventh Circuit decision in Halperin v. Richards provides a reminder to ERISA fiduciaries who are also corporate officers (frequently referred to as “dual-hat officers”) that they can be held liable under both ERISA and state tort law for the same underlying acts.

When paper company Appvion Inc. filed for bankruptcy in 2017, the liquidation plan granted Appvion’s creditors the right to pursue state law tort claims against former Appvion executives.  Halperin v. Richards concerned state law claims raised by certain creditors against former Appvion executives alleging that the executives fraudulently inflated the value of Appvion stock in the years leading up to the bankruptcy.

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Connecticut Employers Must Provide Two Hours of Unpaid Time Off to Vote

On June 23, 2021, Governor Lamont signed Senate Bill 1202, a special session bill implementing the state budget for fiscal years 2022 and 2023.  Included in the 837-page bill is a requirement for employers to provide employees with two hours unpaid time off to vote on the day of a regular state election.  In the case of a special election for U.S. Senator, U.S. Representative, state senator, or state representative, the new requirement to provide time off applies only to employees who are “electors” (meaning already registered to vote). Thus, non-registered voters are not entitled to time off to vote in a special election.

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Howard & Howard Expands Chicago Office, Welcomes Two Litigation Attorneys

Royal Oak, Mich., August 24, 2021 – Royal Oak, Mich.-based Howard & Howard is pleased to welcome Matthew A. Blumenreich and Madison Scaggs to the firm. Both attorneys have joined the firm’s Business Litigation Practice Group and will be based out of the Chicago office.

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Best Lawyers: The 2022 Edition Includes 30 RSS Lawyers, Plus Natacha Calixte as Lawyer of the Year in Montréal for Family Law

August 26, 2021 — RSS is proud to announce that no less than 30 of the firm’s lawyers — over a third of our professionals — appear in the 2022 edition of Best Lawyers®. In particular:

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