North America

Airline Ordered to Pay More Than $77 Million for Wage-Hour Violations

In Bernstein v. Virgin America, Inc., a district court in California has ordered Virgin America to pay more than $77,000,000 in damages, restitution, interest and penalties for a variety of violations of the California Labor Code. The award is the latest example of the tremendous amount of damages and penalties that can be awarded for non-compliance with California’s complex wage and hour laws.

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What you must know about intellectual property law as we start 2019

Intellectual property rights such as trade-marks, patents, industrial design registrations are often the most important assets which a company owns. Richard Uditsky has a look at recent legislative amendments that owners would be prudent to take advantage of.

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Not Business as Usual: The Government Shutdown’s Impact at FDA

The federal government entered into a partial shutdown at midnight on Saturday, December 22, 2018. The implications of the ongoing shutdown are far-reaching, but its impact on the Food and Drug Administration (“FDA”) is of particular concern to members of FDA-regulated industries and those with a role in ensuring the public health. Thousands of FDA employees considered non-essential were furloughed and, consequently, routine regulatory and compliance activities at FDA were put on hold. On his Twitter account (@SGottliebFDA), Scott Gottlieb, M.D., Commissioner of the FDA (“Dr. Gottlieb”), has tweeted frequent updates regarding FDA operations. As he explained, FDA officials initially consulted with public health experts and other senior leaders regarding which FDA activities address threats to human life and safety and, thus, should continue during the shutdown.

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Act Now Advisory: New Jersey Lawmakers Reach Deal to Increase State Minimum Wage to $15/Hour by 2024

On January 17, 2019, New Jersey Governor Phil Murphy and legislative leaders announced an agreement to raise New Jersey’s minimum wage to $15 an hour by 2024. Under the agreement, and presuming enactment, effective July 1, 2019, the state’s minimum wage for most workers will increase from $8.85 to $10 an hour; thereafter, it will increase $1 an hour every January 1 until reaching $15 on January 1, 2024.

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Mandatory Paid Personal Time Law Proposed in New York City

On January 9, 2019, Mayor Bill de Blasio announced his plan to make New York City the first city in the country to mandate that private sector employers provide paid personal time (“PPT”) for their employees. Under the proposal, employers with five or more employees would be required to grant their employees 10 days of PPT to use for any purpose, including vacation, religious observance, bereavement, or simply to spend time with their families. It is unclear whether the proposed legislation would apply to only full-time workers, or whether, similar to the Earned Safe and Sick Time Act(“ESSTA”), it would include many part-time employees as well. The Mayor said he would work with the New York City Council to develop the legislation, and several Council members have already voiced their support for the proposal. …

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RSS successfully defends the City of Sainte-Adèle against an application for a class action

January 21, 2019 — The Superior Court dismissed this morning an application for an authorization to institute a class action against the City of Sainte-Adèle. The plaintiff was asking for a compensation of $3 million on behalf of the residents, alleging that the city had squandered public funds by conducting a 13-year judicial vendetta against two companies and two individuals.

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Epstein Becker Green Welcomes James J. Oh to Its Chicago Office

Epstein Becker Green (EBG) is pleased to announce that James J. Oh has joined as a Member of the Firm in the Employment, Labor & Workforce Management practice, in its Chicago office. Mr. Oh, who joins the firm from Littler, where he had served on its Board of Directors, represents employers in various industries, including financial services and insurance, in high-stakes employment cases across the country.

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New Prime Inc. v. Oliveira: The Supreme Court Applies The Federal Arbitration Act’s Transportation Workers Exclusion To Independent Contractors

On January 15, 2019, the U.S. Supreme Court issued a unanimous decision in New Prime Inc. v. Oliveira, a case concerning the enforceability of arbitration agreements.

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Mayor de Blasio Proposes Mandatory Paid Personal Time Law

On January 9, 2019, Mayor Bill de Blasio announced his plan to make New York City the first city in the country to mandate that private sector employers provide paid personal time (“PPT”) for their employees. Under the proposal, employers with five or more employees would be required to grant their employees 10 days of PPT to use for any purpose, including vacation, religious observance, bereavement, or simply to spend time with their families. It is unclear whether the proposed legislation would apply to only full-time workers, or whether, similar to the Earned Safe and Sick Time Act (“ESSTA”), it would include many part-time employees as well. The Mayor said he would work with the New York City Council to develop the legislation, and several Council members have already voiced their support for the proposal.

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McDonald Hopkins construction group earns Tier 1 ranking from U.S. News & World Report and Best Lawyers

McDonald Hopkins is pleased to announce that it has earned a Metropolitan Tier 1 ranking in Columbus in the U.S. News & World Report and Best Lawyers’ 2019 rankings for outstanding work in Construction Law and Construction Litigation. Best Lawyers® is the oldest and most respected peer-review publication in the legal profession and has become universally regarded as the definitive guide to legal excellence.

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