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Archive by tag: Pepper Hamilton LLPReturn

Anxiety And The ADA

Q: An employee in my company has requested intermittent leave as an accommodation for what he claims is a debilitating “anxiety,” but he has no job performance issues and seems fine to me. Are we required to provide a reasonable accommodation under...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Nov 07,2019 |

Deadline Looms for Employers to Provide CCPA Notices

As we have reported previously, the California Consumer Privacy Act (CCPA) will take effect on January 1, 2020. On or before that date, businesses that employ California residents, retain California residents as independent contractors, or receive...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Oct 29,2019 |

Owner Did Not Waive Right to Damages by Terminating Design Contract for Convenience

Chinese Hosp. Ass’n v. Jacobs Eng’g Grp., Inc., 2019 BL 330340, 2 (N.D. Cal. Sept. 03, 2019) - This case arises out of the alleged breach of contract and defective design for the construction of a new hospital in San Francisco....By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Oct 25,2019 |

Ninth Circuit Finds Franchisors Not Joint Employers of Employees of Franchisees Absent Direct Control Over Wages, Hours and Working Conditions

Q. As a franchisor, could I potentially be held liable for the wage and hour violations committed by franchisees of my organization against their employees?...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Oct 25,2019 |

Ohio Federal Court Declines to Dismiss Action Against the Officer of a General Contractor Who Allegedly Submitted False Certifications Regarding Payments Made to Subcontractors With Payment Applications

Decker Constr. Co. v. Wesex Corp., No. 2:18-cv-727, 2019 BL 232653 (S.D. Ohio June 24, 2019) - In Decker Construction Co. v. Wesex Corporation, the United States District Court for the Southern District of Ohio declined to dismiss a cause of action...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Oct 23,2019 |

Maryland Federal Court Upholds Contractual Indemnity Clause and Awards Judgment Interest and Attorneys Fees in Masonry Suit

Skanska USA Building, Inc. v. J.D. Long Masonry, Inc., No. 1:16-cv-00933, 2019 BL 336852, (D. Md. Sept. 9, 2019) - On September 9, 2019, a Maryland federal court awarded Skanska USA Building, Inc. (“Skanska”) compensatory damages, pre- and...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Oct 21,2019 |

NLRB Issues a Series of Employer-Friendly Decisions

Q.  I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them?...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Oct 18,2019 |

Recent Decisions Recognize Limits on Lien Amounts Properly Includable Under Michigan and Connecticut Lien Statutes

Lost profits, not part of unpaid contract balance, may be recoverable as consequential damages in contract claim, but cannot be included in lien. TSP Services Inc. v. National-Standard, LLC, 2019 BL 340267 (Mich. Ct. App. Sept. 10, 2019)...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Oct 17,2019 |

Comments on Social Media about an Employee’s National Origin Could Lead to Allegations of Discrimination

Q: Over the summer, I saw that President Trump tweeted that four minority Democrat congresswomen should “go back” to where they came from. What Human Resources lessons can be learned from the President’s tweet?...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Oct 14,2019 |

Final Regulations Issued for Hardship Distributions From Qualified Retirement Plans

As we wrote in November 2018, the Treasury Department issued proposed regulations that significantly relaxed many rules governing hardship distributions from qualified plans, including eliminating requirements that employee contributions be suspended...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Oct 11,2019 |
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