On July 29, 2014, the Second Circuit decided a Lanham Act false advertising case that clarified the circuit’s jurisprudence on demonstrating consumer confusion and competitive injury.
And therein lies the problem for transactional lawyers in firms that deal mainly with closely held businesses.
In a brief press release—with no accompanying opinion or other legal explanation—the Office of General Counsel said that so far it had determined that 43 cases filed on behalf of franchisee employees "have merit" and that, "if the parties are unable to reach settlement," the McDonald's franchisor "will be named as a respondent" under the theory that it is a "joint employer."
In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private employers must meet each point in a six-factor test for an internship to qualify as unpaid under the Fair Labor Standards Act.
Although the Equal Employment Opportunity Commission (EEOC) has taken the position that, absent undue hardship, an employer must modify such a policy to allow for additional leave to a disabled employee, the case law interpreting the ADA has provided no definitive guidance for determining when requests for additional leave may be unreasonable under the Act.
In a recent decision issued by the Second Appellate District, the court explained why filing deadlines are not the only thing practitioners should have nightmares about. In Excelaron, LLC v. County of San Luis Obispo, the court of appeal upheld the dismissal of plaintiffs' inverse claim with prejudice, because the timely filed complaint was not timely served.
Now, imagine that Judge Gertner had the option of ordering that the damages for the thirty violations run “concurrently,” so that the jury verdict stood but Tenenbaum only had to pay $22,500 (the equivalent of a single song’s worth of damages, according to the jury).
Penalties for failing to comply with all three steps may include back wages plus pre- and post-judgment interest, as well as monetary penalties, and/or debarment from the H-1B program. Thus, compliance with the DOL’s requirements is essential to limiting ongoing liability following the bona fide termination of an employee in H-1B status.
This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions.
In its current Strategic Enforcement Plan, the U. S. Equal Employment Opportunity Commission says that it is fed up with and will target employer “policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or which impede the EEOC's investigative or enforcement efforts.”