From coast to coast, new states are passing laws that require employers to implement clear pay transparency policies, such as providing specific salary ranges in their job postings. These laws are an expansion of the federal Equal Pay Act – which requires equal pay for equal work among similarly-…
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Applications Now Being Accepted for New Alcoholic Beverage Licenses in the District
Washington, D.C.’s (D.C. or the District) Alcoholic Beverage Regulation Administration (ABRA) is now accepting applications for three new alcohol licenses that were created by the Reopen Washington D.C. Alcoholic Beverage Regulation Administration Amendment Act of 2022 . We detail each of these…
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California Appeals Court Holds Online-Only Businesses Are Not Subject to ADA – Further Divides Courts Regarding Website Accessibility
By now, business owners and their counsel have become increasingly aware of the high volume of lawsuits filed across the country alleging that commercial websites violate Title III of the Americans with Disabilities Act (ADA), and similar state and local laws, for failing to make their websites…
Continue Reading California Appeals Court Holds Online-Only Businesses Are Not Subject to ADA – Further Divides Courts Regarding Website Accessibility
FDA Proposes Update to "Healthy" Food Label Claim Standard
The U.S. Food and Drug Administration (FDA or the Agency) today published in the Federal Register a proposed rule that, if finalized, would update the standards that food products must meet in order to be labeled as “healthy.” Per FDA, the proposed rule would “align the definition of ‘healthy’ with…
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Northern District of Illinois: Personal Liability Against Construction Company CEO and President for Breach of Contract and Fraud
A federal jury in the Northern District of Illinois recently awarded nearly $23 million to the developer of a luxury hotel in Chicago’s trendy West Loop arising from multiple breaches of contract and fraud by its design-builder. What is particularly striking about the judgment in NHC LLC v. Centaur…
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New Jersey Issues Guidance on Evaluating Cannabis Impairment in Employees
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (the “Commission”) issued guidance for employers on how to evaluate suspected cannabis impairment in the workplace. Although the guidance leaves some questions unanswered, it should provide some comfort to employers operating in an…
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Virginia Invalidates "Pay-If-Paid" Clauses Starting January 1, 2023
During the 2022 legislative session, the Virginia General Assembly passed Senate Bill 550 (“SB 550”), which Virginia Governor Youngkin signed into law. SB 550 amends a portion of the Virginia Prompt Payment Act and a component of the Virginia wage theft statute, prohibiting “pay-if-paid” clauses in…
Continue Reading Virginia Invalidates "Pay-If-Paid" Clauses Starting January 1, 2023
ICE Proposed Rule Offers Employers Alternatives for Physical Review of Documents for Form I-9
On August 19, 2022, U.S. Immigration and Customs Enforcement (ICE) announced that it would be creating a rule with possible alternatives to the document review process of Section 2 documents for Form I-9, Employment Eligibility Verification.[1] The proposed rule would allow the Secretary of…
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CFPB's New Digital Marketing Rule
The CFPB is now ready to directly regulate the purveyors of digital consumer marketing. The CFPB new rule clarifies when digital marketers and financial products sellers are subject to consumer protection regulations. Digital marketers that are “materially involved” in the development of content…
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Washington, D.C. Narrows Ban on Non-Compete Agreements
For the second time in a two-year span, the D.C. City Council voted in favor of largely banning non-compete agreements within the District. As we wrote in May 2021, the D.C. City Council initially passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which would have imposed…
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New EEOC Guidance Requires Employers To Think Twice Before Asking Employees To Swab On The Job
This is a summer when many employees (and employers) may be done with COVID-19, but the virus is not done with us. While government mandates have virtually disappeared, the expected surge of omicron variants during 2022, and the resulting increase in absenteeism due to illness and quarantine…
Continue Reading New EEOC Guidance Requires Employers To Think Twice Before Asking Employees To Swab On The Job
Florida Court of Appeals Holds That County's "Active Interference" Overrides "No Damages for Delay" Clause
Earlier this year, the Second District Court of Appeal of Florida held that a “no damages for delay” clause “will not be enforced in the face of governmental fraud, bad faith, or active interference with performance under the contract.” Sarasota County, Fla. v. Southern Underground Industries, Inc…
Continue Reading Florida Court of Appeals Holds That County's "Active Interference" Overrides "No Damages for Delay" Clause
Illinois Employment Law Alert: Illinois Meal Break and Bereavement Leave Laws Updated
On May 13, 2022, Governor J.B. Pritzker signed Senate Bill 3146, amending the Illinois “One Day Rest in Seven” Act into law. Shortly after, Governor Pritzker signed into law Senate Bill 3120, the Family Bereavement Leave Act, which amends the Child Bereavement Leave Act. Illinois employers should…
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Construction Lender Found Liable for Payments to General Contractor Despite Lack of Contractual Relationship
A Delaware trial court, applying New Jersey and Delaware law, recently ruled that a general contractor, despite not being a party to either a loan agreement or loan commitment, could successfully recover damages from a construction lender. See BCD Assocs., LLC v. Crown Bank , No. CV N15C-11-062 EMD…
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Illinois Appellate Court Invalidates Arbitration Provision in Owner-Contractor Construction Contract
Case: Bain v. Airoom, LLC , 2022 IL App (1st) 211001 A recent Illinois appellate decision warns that overbroad form arbitration agreements in construction contracts may be unenforceable.
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Illinois Joins Trend Making General Contractors Liable for Paying Subcontractors' Workers
On June 10, 2022, Governor J.B. Pritzker signed into law two related bills, HB 5412 and HB 4600, sent to him the previous month by the Illinois legislature that will hold a primary contractor (one who has a contract with an owner) liable for the unpaid wages and other amounts owed to employees of…
Continue Reading Illinois Joins Trend Making General Contractors Liable for Paying Subcontractors' Workers