Member Publications

ABSTRACT: Johnson County employee fired for dishonesty and insubordination puts up a solid fight trying to support his burden that the County’s reasons for his termination were a pretext for discrimination based on disability and were in retaliation for his exercise of ADA and FMLA rights. In Rutledge v. Board of County Commissioners, the Tenth Circuit analyzes and ultimately rejects each of the e…

Retirement Village operators in South Australia (SA) have disclosure obligations when prospective residents request or show interest in a retirement living arrangement. In SA, retirement villages are governed by the Retirement Villages Act 2016 (SA) (‘Act’) and the Retirement Villages Regulations 2017 (SA) (‘Regulations’). When a prospective resident intends to enter a retirement living arrangeme…

On August 2, 2023, the National Labor Relations Board reversed precedent on the issue of work rules that proscribe employee personal conduct. In Stericycle, the Board reversed and remanded an ALJ's decision that found the employer violated Section 8(a)(1) by maintaining work rules addressing personal conduct, conflict of interest, and confidentiality of harassment complaints. In ruling against the…

As someone who has practiced law for more than two decades, it occurred to me recently how bewildering it must be for a client to decide between hiring a lawyer who charges $250 an hour, $500 an hour, or even $750 an hour or more.  Does the price alone indicate the quality of services to be received?  Spoiler alert:  the answer is no. Even in places outside New York and L.A., such as in Nashville …

The August Monthly Minute presents Part II of our mental health parity update and provides highlights of the latest report to Congress on NQTL comparative analyses. While service providers lead the way through mental health parity compliance given their role in group health plan design and operation, the pressure is ultimately on plan sponsors to monitor compliance and navigate enforcement and cor…

On July 24, 2023, the United States Court of Appeals for the Eighth Circuit ruled on a case involving the “kick-out” provision in 49 U.S.C. § 31105 which is part of the Surface Transportation Assistance Act of 1982.  Wilson v. CTW Transportation Servs., Inc., No. 22-3049, 2023 WL 4697221, at *2 (8th Cir. July 27, 2023). Avery Wilson (“Wilson”) filed an administrative complaint against CTW Transpo…

The economic loss rule bars tort claims arising under construction contracts negotiated between sophisticated commercial entities. For years, the economic loss rule (or economic loss doctrine) has applied to limit a claimant to its contractual remedies and bar tort claims for purely economic loss. In fact, the Tennessee Supreme Court recently held in Milan Supply Chain Sols. v. Navistar that: “[W]…

On August 11, 2023, Governor Pritzker signed into law a key amendment to the Illinois Equal Pay Act of 2003, which will mandate that job postings for private and public employers include a hyperlinked and publicly-viewable webpage that includes pay scale and benefit information for each posted position. The amendment to the Illinois Equal Pay Act also mandates that employers shall post or announce…

We previously reported in May of 2022 that the U.S. Equal Employment Opportunity Commission (“EEOC”), in conjunction with the U.S. Department of Justice, issued guidance to employers, employees and applicants on the use of artificial intelligence tools.  We also reported in February of this year about the public hearing held by the EEOC in January, which lasted almost four hours, was attended virt…

As a foreign company or employer seeking to establish or expand its presence in Singapore, navigating employment law in Singapore is crucial to ensure compliance with the country's legal framework and to foster a positive and productive work environment. From hiring practices to statutory benefits, termination procedures, and workplace safety, this guide highlights key employment regulations in Si…