Saul Ewing Arnstein & Lehr

Saul Ewing Arnstein & Lehr LLP is a full-service law firm that offers clients the national reach and sophisticated experience of a large firm and the local connections and value of a boutique firm.

This combination of reach and local autonomy supports our clients with the clout of a mega-firm and the service hallmarks of a boutique. With one firm, our clients get a macro view of the law with a micro focus on their unique legal needs. With 16 offices in Delaware, the District of Columbia, Florida, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York and Pennsylvania, Saul Ewing Arnstein & Lehr serves businesses throughout the United States and internationally. We represent recognizable names in corporate America, exciting start-ups and an array of closely held and privately held companies, as well as nonprofits, governmental and educational entities.

This update tracks COVID-19 shutdown orders as of March 26, 2020, 12:00 p.m. EDT that affect construction projects in Delaware, the District of Columbia, Florida, Massachusetts, Minnesota, New Jersey, New York and Pennsylvania – jurisdictions in which Saul Ewing Arnstein & Lehr LLP offices are located. We have updated the post in the last 24 hours to cover new orders in Massachusetts and Minnesota. Jurisdictions Requiring Work Stoppage: Massachusetts: On March 17, 2020, the City of Boston shut down all construction in the city for two weeks. A few other Massachusetts localities (such as Cambridge and Martha’s Vineyard towns of…
Update on State-Specific Coronavirus Shutdown Orders and Their Impact on Construction Work Saul Ewing Arnstein & Lehr’s Construction Practice has outlined Coronavirus shutdown orders as of March 25, 2020 at 12:00 p.m. EDT and their impact on state-specific construction projects across ten jurisdictions. The areas covered include: Delaware; the District of Columbia; Florida; Illinois; Maryland; Massachusetts; Minnesota; New Jersey; New York; and Pennsylvania. These orders largely allow construction work to proceed. Read our full summary here.…
New Jersey Law Protects Employees Who Must Take Time Off Because of COVID-19 and Issue Executive Order Limiting Business Operations After passing through the legislature unanimously in a matter of days, on March 20, 2020, Governor Murphy signed a law providing additional employee protections related to COVID-19. The law is effective immediately and prohibits employers from terminating or retaliating against an employee who requests or takes time off because the employee has, or is likely to have, an infectious disease. The law also provides reinstatement rights. The next day, Governor Murphy issued Executive Order 107 (EO 107), which limits certain…
Massachusetts Governor Charlie Baker issued a new emergency order today, March 23, 2020, concerning the continued operations of “essential services,” the closure of certain workplaces, and revised assemblage restrictions (the “Order”). Below is a non-exhaustive list of key provisions of the Order. If you have any questions about your specific business operations or other COVID-19 related matters, please let us know. The Order creates a list of business operations and services that are considered essential and are deemed “COVID-19 Essential Services.” This list can be found here. All COVID-19 Essential Services are urged to continue operating but should follow…
New York Executive Order and Regulation Requires Banks To Honor Forbearance Requests And Other Regulated Entities To Potentially Restrict Late And Overdraft Fees On March 7, 2020, Governor Cuomo issued Executive Order No. 202.9 (the “Order”) which sought to modify New York Banking Law to deem “an unsafe and unsound business practice” if any bank, subject to the Department of Financial Services (the “Department”), fails to “grant a forbearance to any person or business who has a financial hardship as a result of the COVID-19 pandemic for a period of ninety days.” See here. The Order also directed the Superintendent…
Builders Beware: Georgia Court Rejects Suit by Unlicensed Contractor for Unpaid Work Unlicensed contractors in Georgia recently were dealt a blow by the state’s Court of Appeals when three judges held that a contractor’s failure to possess a valid state contractor’s license precluded the contractor from bringing a lawsuit for unpaid fees. In Fleetwood v. Lucas, __ S.E.2d __, 2020 WL 1149734 (Ga. Ct. App. March 10, 2020), a panel of judges ruled against a contractor, who completed extensive repair and renovation work on two properties, because the contractor was not properly licensed by the state government.   Property owners…
New Jersey Supreme Court Issues Final Say on Workplace Protections for Employee Medical Cannabis Use On Tuesday, March 10th, the New Jersey Supreme Court issued its much anticipated decision in Wild v. Carriage Funeral Holdings, Inc., et al.,(A-91-18) (082836), affirming that a medical cannabis patient can assert a claim for employment discrimination under the New Jersey Law Against Discrimination (NJLAD) for an adverse employment action based on an employee’s off-site medical cannabis use. Notably, the Court did not address the recently enacted Jake Honig Compassionate Use Medical Cannabis Act, which amended the Compassionate Use Act and included new statutory protections…
Virginia and Colorado are now the fourth and fifth states, respectively, and Montgomery County, Maryland is the first local government to ban hair discrimination. The bans in all three jurisdictions clarify that discrimination based on a person’s hairstyle or texture is a form of racial discrimination. The Virginia ban was made official on March 4, 2020 when Governor Ralph Northam signed Senate Bill 50. The bill amends the Virginia Human Rights Act to add a section that specifically expands the terms “because of race” and “on the basis of race” to include “traits historically associated with race, including hair…
Labor and Employment Counsel Ira Shepard Discusses Human Resources and The Courts In February, several labor and employment law cases and regulatory actions with implications for the higher education workplace were decided. In a blog post for CUPA-HR, Counsel Ira Shepard summarized the latest. The following issues are discussed: Immigrant insensitive social media post is insufficient grounds to sustain discharge. NLRB’s processing of Adjunct Professors’ unionization petition at a Church operated school dismissed for lack of jurisdiction. Harvard tenure denial affirmed and Professor’s gender bias retaliation claims dismissed. University of Miami must defend Professor’s Gender biased salary discrimination claims.…
Today, the National Labor Relations Board (the “Board”) is issuing a much anticipated final rule providing guidance on determining whether two employers are “joint employers” for purposes of the National Labor Relations Act (the “Act”). The joint employer standard determines whether a business is treated as the employer of employees directly employed by another, separate employer. The potential for a joint employer relationship is therefore of particular concern for businesses that engage staffing companies; that participate in franchise arrangements; and that are party to a parent-sub relationship, among others. If two businesses are held determined to be joint employers of…
If your company’s marketing strategy involves communicating with prospective or existing clients via phone calls and text messages, you are probably familiar with the Telephone Consumer Protection Act (“TCPA”).   In part, the TCPA makes it unlawful to make a “call” to a cell phone using an automatic telephone dialing system (“ATDS”) unless you have the prior written consent of the called party. And this includes sending text messages to cell phones. While the TCPA, enacted in 1991, makes no mention of text messages, a majority of federal courts that have considered the issue have ignored the plain language of the…
Website accessibility lawsuits have been on the rise over recent years, hitting businesses in various industries. The most recent one to be hit is the CBD industry. This blog discusses the typical allegations that support a claim under the Americans with Disabilities Act for website accessibility and the unsettled law underpinning these claims.  Additionally, this blog discusses why these cases are being filed in the Eastern and Southern Districts of New York. Click here to view the full article.…
More than 2,000 website accessibility lawsuits were filed in federal courts each year in 2018 and 2019, alerting business owners of the rising trend in website accessibility litigation. This trend is not going to slow down, as the U.S. Supreme Court declined to hear an appeal from the Ninth Circuit in the case Robles v. Domino‘s Pizza, LLC, which many hoped would provide nationwide clarity on the law in this area. With the Supreme Court declining to hear the case, business owners are required to comply with inconsistent decisions across the federal and state judiciaries, amid a regulatory vacuum from…
USCIS New Policy Guidelines for Managing EB-5 Visa Petition Inventory & Other Updates Last week, USCIS issued significant Policy Guidelines concerning its stipulated attempt to address fairness concerns with coordinating I-526 petition adjudications with U.S. State Department visa allocations. In its release, USCIS announced that starting March 31, 2020, it will change the adjudication process for Form I-526 Petitions from a first-in, first-out basis to a visa availability approach. USCIS will host a public forum on March 13, 2020, at 11:00 am EST, to provide further information on this change. However, we suspect as with past stakeholder engagements, that the…
Mandatory Severance Payments, Longer Notice Periods and Other Key Provisions of the 2020 New Jersey Warn Act New Jersey amended its existing WARN Act, otherwise known as the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN Act”), and it will have significant impact on employers considering mass layoffs, transfers and termination of operations statewide.New Jersey’s new mini-WARN materially alters employer obligations and departs substantially from the Federal WARN statute. Employers need to understand their potential obligation to pay mandatory severance, provide written notice to employees and other requirements under the new law. Failure to understand these obligations could…
Employers are not Required to Continuously Rearrange Shifts to Accommodate Workers’ Religious Needs Employers recently received a favorable ruling when a federal district court in Wisconsin held that a retail store was not required to re-arrange shifts to accommodate an applicant’s religious beliefs. In Equal Employment Opportunity Commission v. Walmart Stores East LP and Walmart, Inc., the plaintiff applied for a salaried assistant manager position at a Walmart store. After being offered the position, the plaintiff disclosed for the first time that he was a Seventh Day Adventist, and due to his faith, he would not be able to work…