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On September 20, 2019, the Tenth Circuit held that cannabis industry employers are subject to the Fair Labor Standards Act (FLSA). Defendant contended that because the employer’s employment activities are in violation of the Controlled Substances Act, the FLSA’s protections to do not apply to its workers.  This argument was soundly rejected by the Tenth Circuit – putting cannabis industry employers on notice that the FLSA and most likely other federal workplace protections apply to…
Language in Performance Bond Critical in Determining Surety’s Rights to Complete If an owner terminates a contractor due to a contractor default on a bonded project, can the surety hire the same contractor to complete the work under the bond?  Depending on the language of the bond, it may be permissible in Florida. Recently, in Seawatch at Marathon Condominium Association, Inc. v. The Guarantee Company of North America, No. 3D18-1337, 2019 WL 4850194 (Fla. 3d…
On October 2, 2019, the Supreme Court declined to review a 9th Circuit decision in a website accessibility lawsuit, Robles v. Domino’s. The 9th Circuit decision had reversed a grant of summary judgment and held that ADA Title III did potentially require that services of a place of public accommodations offered through websites and mobile apps, such as ordering pizza for delivery, be accessible, and remanded the case. Domino’s, supported by many major business groups, asked…
On September 27, 2019, Francis Suarez, the Mayor of Miami, sponsored an OZ Expo conference for the City of Miami.  Prior to the conference, one of our clients hosted a lunch for the dignitaries who attended the conference that included Secretary of HUD Dr. Ben Carson, Mayor Francis Suarez, the Acting Administrator of the of SBA for the United States, Chris Pilkerton, as well as national and local representatives of the SBA, representatives from HUD,…
Labor Law Update: Contractors Lawfully Prohibited From Leafleting on Third Party Premises On August 23, 2019, the National Labor Relations Board (“NLRB”) determined that property owners may prohibit non-employees from accessing their premises to engage in conduct that could be protected by federal labor law. This ruling is consistent with other decisions recently issued by the NLRB, which have overturned longstanding precedent in favor of more employer-friendly standards. In February 2017, the Tobin Center for…
In Response to Vaping-Related Deaths and Injuries, Trump Administration To Ban Flavored E-Cigarettes; Impact on CBD an Open Question On Wednesday, September 11, 2019, in response to a number of highly-publicized vaping-related deaths and illnesses, the Trump Administration (the Administration) announced its intention to ban most flavored e-cigarette products.  While the Administration’s proposal would target nicotine-containing e-cigarettes, regulated by the U.S. Food and Drug Administration (FDA or the Agency) as tobacco products, it is not…
Artificial intelligence (AI) allows computers to mimic tasks typically performed by humans. The use of AI in many industries results from its ability to digest a large volume of data in a short amount of time. The insurance industry has great potential to use AI to provide more personalized solutions for customer needs. Kara Pike, an associate in the firm’s Insurance Practice, talks about how companies may use AI in the distribution of insurance,…
You’re Invited: Federal and State Employment Law Updates – Hosted by Saul Ewing Arnstein & Lehr’s Labor & Employment Practice Please join us as the Firm’s Labor & Employment Practice hosts our Executive Series, “Federal and State Employment Law Update” on Tuesday, Oct. 15, 2019. This program will be live streamed from our Philadelphia office to each of the following Firm offices. (When registering, please be sure to indicate your choice of location). Baltimore –…
Insurers Beware: Choice of Law Provisions May be Overridden by Public Policy Provisions In answering two questions posed to it by the Ninth Circuit Court of Appeals, the California Supreme Court on August 29, 2019, addressed two significant issues: 1) whether California’s common law notice-prejudice rule is a fundamental public policy for the purpose of choice of law analysis; and 2) if so, whether the notice-prejudice rule applies to the consent provision of the insurance…
Effective August 20, 2019, Illinois law provides that a maximum of 10 percent retainage may be withheld from payments under private construction contracts and, after the contract is one-half complete, retainage must be reduced to 5 percent and kept at 5 percent for the remainder of the contract.  With this new law, Illinois joins the vast majority of states that have enacted laws pertaining to retainage on construction contracts.  Like almost every other state, Illinois’ retainage restrictions are…