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FAA Preempts New York’s Prohibition on Arbitration of Sexual Harassment Suits

In response to the #MeToo movement, a number of states have adopted legislation addressing sexual harassment claims. These include Maryland, New Jersey, New York, and Washington. Some of these state statutes attempt to ban or restrict arbitration for...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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ONCA Reaffirms Importance of Presumptive Standards in Reasonable Notice Cases

In a recent decision, released June 19, 2019, the Ontario Court of Appeal reversed a 2018 decision in which the Superior Court of Justice awarded a reasonable notice period of 30 months. In Dawe v. The Equitable Life Insurance Company of Canada, the...By: Blue J Legal
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Blue J Legal | Jul 09,2019 |

Blog: After Nearly a Decade of Uncertainty, Gainful Employment Rule Is Gone

On July 1, the US Department of Education released a final rule that rescinds the entirety of the Obama-era Gainful Employment (GE) Rule. While the technical effective date of the rescission of the GE rule is July 1, 2020, Secretary Betsy DeVos, in...By: Cooley LLP
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Cooley LLP | Jul 09,2019 |

NLRB Makes It Easier To Oust A Union

Did you know that when a private sector employer has evidence that a union has lost support from a majority of its bargaining unit members, the employer can refuse to recognize the union as their bargaining representative? In 2001, the National Labor...By: SmithAmundsen LLC
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SmithAmundsen LLC | Jul 09,2019 |

Avoiding the Tennessee Retainage Requirements

In Vic Davis Construction, Inc. v. Lauren Engineers & Constructors, Inc., the Tennessee Court of Appeals approved a contractor’s use of closeout costs to “holdback” 5% of the contract price without complying with the retainage requirements of the...By: Dickinson Wright
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Dickinson Wright | Jul 09,2019 |

2019 Oregon New Employment Laws

The Oregon Legislature adjourned June 30 with many proposed new employment laws not enacted, however, several others have passed and will become effective soon....By: Davis Wright Tremaine LLP
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Davis Wright Tremaine LLP | Jul 09,2019 |

Disability Inclusion Award Open For Applications

The OFCCP has finalized one of its award programs. The Office of Federal Contract Compliance Programs, in partnership with the Office of Disability Employment Policy, has announced one of its award programs for federal contractors....By: Constangy, Brooks, Smith & Prophete, LLP
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Labor Board Revisits Arbitration Agreements After Supreme Court’s ‘Epic’ Decision

Arbitration agreements that could be reasonably construed to prohibit filing of unfair labor practice charges with the National Labor Relations Board (NLRB) are unlawful under the National Labor Relations Act (NLRA), the NLRB has held. Prime...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jul 09,2019 |

“Yet Now, Federated Along One Keel” – United States Supreme Court Resolves Fifth/Ninth Circuit Split, Unequivocally Rejects Punitive Damages For General Maritime Law Unseaworthiness Claims

Yet now, federated along one keel… MOBY DICK, HERMAN MELVILLE, Chap. XXVII - In the wake of Justice Thomas’s landmark decision in Atlantic Sounding Co. v. Townsend, American maritime jurisprudence was left with its “keeled hulls split at sea” due to...By: Baker Donelson
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Baker Donelson | Jul 09,2019 |

Utah Appellate Court: Homeowners’ Claim for Defective Construction Against Geotechnical Engineer Dismissed Due to Lack of Contract and the Economic Loss Rule

A recent Utah Appellate Court upheld the dismissal of a homeowners' claims against a geotechnical engineer because the homeowners did not have a contract with the geotechnical engineer and therefore their claims were barred by the economic loss rule....By: Saul Ewing Arnstein & Lehr LLP
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