Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Vermont moves closer to legalized cannabis sales. The House delayed a vote on the MORE Act. The DEA faces a lawsuit over their hemp rule. Plaintiffs dropped a suit over Illinois’ marijuana licensing. Will descheduling appear on the Supreme Court’s docket? The USDA’s relief aid program opens to hemp growers. The Alliance for Sensible Markets wants…

Wage & Hour Litigation Blog

Is Invalidation of the DOL’s Joint Employer Rule Much Ado About Nothing?

By Seyfarth Shaw LLP

September 24, 2020

By: Louisa J. Johnson and Noah A. Finkel Seyfarth Synopsis: Much has been written in the past few weeks about a recent federal court decision that invalidated the U.S. Department of Labor’s (“DOL”) joint employment rule. While the immediate reaction of some may be to view this as a terrible decision for businesses that expands the potential for an entity that does not employ an individual to nonetheless be deemed that individual’s joint employer, this…

The Construction Seyt

James Newland Co-Authors Loss of Labor Productivity Claims Article for ABA’s The Construction Lawyer

By James Newland

September 23, 2020

Seyfarth partner James Newland co-authored “Preparing and Presenting Loss of Labor Productivity Claims: Analysis of the Methodologies with Two Exemplars”, published in the Summer 2020 edition of the ABA’s The Construction Lawyer. It is beyond doubt that losses of labor productivity exist in the construction industry. When a party seeks to recover damages for loss of labor productivity, proving that such losses occur is not the challenge. The challenge is linking cause and…

Wage & Hour Litigation Blog

DOL Proposes Its First-Ever Interpretation on Independent Contractor vs. Employee

By Seyfarth Shaw LLP

September 22, 2020

By: Noah A. Finkel, Camille A. Olson, Louisa J. Johnson, and John R. Skelton For decades, companies have wrestled with whether certain workers must be treated as employees subject to various employment laws and company rules or whether they are appropriately classified as independent contractors with different terms of engagement, work, and pay and tax consequences. Amid a changing economy and evolving business models, companies continue to consider the application of an…

California Peculiarities Employment Law Blog

Workers’ Compensation Liability Is Catching In California

By Matthew Graffigna & Robert E. Buch

September 22, 2020

Seyfarth Synopsis: Senate Bill 1159 was signed into law by Governor Newsom on September 17, 2020, and went into effect immediately. Under the new law, if employees test positive for COVID-19 under specific circumstances, there is a rebuttable presumption that their exposure occurred at the workplace. Unless rebutted, this presumption creates a compensable injury for purposes of qualifying for workers’ compensation benefits. SB 1159 also creates reporting requirements for employers through January 1, 2023. Who…

Employment Law Lookout

Workers’ Compensation Liability Is Catching In California

By Seyfarth Shaw LLP

September 22, 2020

By Matthew Graffigna and Robert E. Buch Seyfarth Synopsis: Senate Bill 1159 was signed into law by Governor Newsom on September 17, 2020, and went into effect immediately. Under the new law, if employees test positive for COVID-19 under specific circumstances, there is a rebuttable presumption that their exposure occurred at the workplace. Unless rebutted, this presumption creates a compensable injury for purposes of qualifying for workers’ compensation benefits. SB 1159 also creates reporting requirements…

Workplace Safety and Environmental Law Alert Blog

Workers’ Compensation Liability Is Catching In California

By Seyfarth Shaw LLP

September 22, 2020

Employment Law Lookout

CalPecs – COVID-19 Exposure Notification Requirements Coming To A Workplace Near You

By Seyfarth Shaw LLP

September 22, 2020

By Ilana R. Morady and Elizabeth M. Levy Seyfarth Synopsis: As California’s legislative session comes to an end, a wave of new COVID-19 related laws that impact employers are being signed into law. On September 17, 2020, Governor Newsom signed AB 685, which will require employers to provide specific notices to employees exposed to COVID-19 within one business day of becoming aware of the exposure, and impacts COVID-19 related alleged Cal/OSHA violations. When we…

Wage & Hour Litigation Blog

The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs

By Seyfarth Shaw LLP

September 21, 2020

By: Gerald L. Maatman, Jr. and Alex S. Oxyer Seyfarth Synopsis: Incentive awards for class representatives are impermissible, according to a ground-breaking decision last week by the U.S. Court of Appeals for the Eleventh Circuit. Though not an employment case, the decision is a must-read for class action practitioners handling all varieties of workplace class and collective action litigation, such as wage & hour and employment discrimination lawsuits. The decision may diminish the ability of…

Workplace Class Action Blog

The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs

By Seyfarth Shaw LLP

September 21, 2020

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The Week in Weed: September 25, 2020

Is Invalidation of the DOL’s Joint Employer Rule Much Ado About Nothing?

James Newland Co-Authors Loss of Labor Productivity Claims Article for ABA’s The Construction Lawyer

DOL Proposes Its First-Ever Interpretation on Independent Contractor vs. Employee

Workers’ Compensation Liability Is Catching In California

Workers’ Compensation Liability Is Catching In California

Workers’ Compensation Liability Is Catching In California

CalPecs – COVID-19 Exposure Notification Requirements Coming To A Workplace Near You

The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs

The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs

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