HAVE NY EMPLOYEES? NY PAID FAMILY LEAVE LAW GOES LIVE JAN. 2018, PAY...
Beginning January 1, 2018, employers must extend paid family leave to employees in the State of New York for certain covered events. You are probably already internally discussing how the new law will...
View ArticleSupreme Court Concludes That Debt Purchasers Attempting to Collect on...
In a unanimous 9-0 decision, the United States Supreme Court ruled this morning that "individual[s] and entities who regularly purchase debts originated by someone else and then seek to collect those...
View ArticleNew Pre-Suit Right to Cure Requirement in West Virginia
The West Virginia legislature recently amended the state version of the FDCPA to require plaintiffs to issue a pre-suit grievance before filing a lawsuit under the act. The provision is very creditor...
View ArticleDebt Collectors and Debt Buyers: More Oregon Licensing and Compliance...
On August 2, 2017, the governor of Oregon signed into law a bill amending Oregon's collection licensing and compliance statutes and creating new obligations for debt buyers.
View ArticleCall Me Maybe: TCPA Permits Partial Revocation of Consent
In Schweitzer v. Comenity Bank, the 11th Circuit concluded the TCPA permits a consumer to partially revoke her consent to be called with an automatic telephone dialing system (ATDS).
View ArticlePAID SICK LEAVE: Are You in Compliance? Arizona Joins Growing List of States...
The newly-implemented Arizona Fair Wages and Healthy Families Act (the "Act") entitles employees of most Arizona businesses to receive paid sick time effective immediately. Sick leave can be used for...
View ArticleEmployers Beware: Breaks of 20 Minutes or Less MUST Be Paid
In Secretary United States Dept. of Labor v. American Future Systems, Inc., the Third Circuit Court of Appeals ruled that an employer's policy of requiring employees to clock out for short (less than...
View ArticleFederal Appeals Court Rules Extended Medical Leave is NOT a Reasonable...
In Severson v. Heartland Woodcraft, Inc. (September 2017), the Seventh Circuit Court of Appeals ruled that employees are not entitled to extensive or open-ended periods of medical leave as a reasonable...
View ArticleNavigating the FMLA - Part I: Common Technical Violations
Did you know that any technical violation of the FMLA may constitute "interfering with, restraining, or denying the exercise of rights" provided by the FMLA? Yes, that's right employers: you can get...
View ArticleAttention Multi-State Employers: Background Checks and Ban-the-Box and Sick...
As the federal government hits the brakes on numerous Obama-era employment law regulations, many states are ramping up their own employment law requirements. Some of the new state-specific laws to be...
View ArticleSafe Harbor Language Is Not Always Safe
The Seventh Circuit recently ruled that a strict recitation of the long relied-upon safe harbor language the Court provided in Miller v. McCalla may not be so safe.
View ArticleAce American Insurance Co. v. Dish Network, LLC - No Duty to Defend and...
The 10th Circuit recently affirmed a lower court's ruling on summary judgment that Ace had no duty to defend and/or indemnify Dish in a lawsuit that DISH used telemarketing phone calls in violation of...
View ArticleOREGON DEBT BUYER LAW CONFIRMS EXTENSIVE VALIDATION REQUIREMENTS
On April 3, 2018, Oregon's governor signed S.B. 1553 which makes an important clarification to the debt buyer law passed last year. The amendment confirms that the debt validation requirement only...
View ArticleU.S. Supreme Court BREAKING NEWS: Workplace Arbitration Agreements Banning...
In a close 5-4 decision today, in Epic Systems Corp. et al. v. Jacob Lewis et al., 584 U.S. _ (2018), the U.S. Supreme Court upheld employer arbitration agreements requiring applicants and employees to...
View ArticleNew Jersey Becomes 10th State to Enact Paid Sick Leave...Are you in compliance?
Not to be outdone by its New England neighbors (Connecticut, Massachusetts, Rhode Island, and New York City), New Jersey now joins 9 other states and more than 30 local jurisdictions in requiring...
View ArticleHarvey Weinstein. Matt Lauer. Charlie Rose. #MeToo..... Legislators React...
Maryland, New York State, and New York City are the latest jurisdictions to pass legislation in the wake of the #MeToo Movement. New York joins California, Connecticut, and Maine in legally requiring...
View ArticleState Paid Family Leave Laws: Massachusetts Joins CA, NJ, RI, NY, DC, and WA...
On June 28, 2018, Massachusetts signed into law a paid family and medical leave law, joining California, New Jersey, Rhode Island, New York, Washington D.C., and Washington State.Massachusetts's law...
View ArticleAmazon is about to pay $5M due to background check violations...are you...
The Fair Credit Reporting Act is complicated. And scary. And confusing. For these reasons, even the largest and most sophisticated U.S. employers can find themselves ensnared in the FCRA's myriad of...
View ArticleDangerous Decision: Second Circuit Confirms FDCPA Strict Liability Standard...
Last Friday, July 24, the Second Circuit released Vangorden v. Second Round, Limited Partnership. In short, the Second Circuit reversed the lower court's (E.D. NY) decision and held that debt...
View ArticleConnecticut Offshore Office License Restriction
Starting October 1, Connecticut Prohibits Collection from Offshore Offices! On October 1, 2018, a new Connecticut law will prohibit licensed collection agencies from contacting Connecticut consumers...
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