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On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies.
A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates the pitfalls of waiver of subrogation clauses in construction contracts. In XL Insurance America, Inc...
Minnesota Enacts Paid Family and Medical Leave Legislation The 2023 Minnesota legislative session was a busy one. From the elimination of non-competes, to changes to the Minnesota Drugs and Alcohol in the Workplace Act, to statewide paid sick and safe leave, there has been no shortage of change that...
What is the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance? On November 9, 2023, the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”), which goes into effect on December 31, 2023, and increases the required amount of paid time off...
On September 14, 2023, the Committee on Workforce Development, a procedural committee under the Chicago City Council, voted in favor of the One Fair Wage Ordinance, legislation that would phase out tipped minimum wages within the City. Then, on October 6, 2023, the Chicago City Council approved the...
On August 4, 2023, the U.S. Department of Justice (“DOJ”) published in the Federal Register a Notice of Proposed Rulemaking (“NPRM”) on Accessibility of Web Information and Services of State and Local Government Entities . The new rules will have a great impact on public entities, including all...
Florida’s lien law is once again under construction with significant changes which went into effect on October 1, 2023. The amendments impact various aspects of lien rights, notice requirements, bond amounts, and attorney fee recovery. Key Provisions and Implications Lien Rights Extended to...
New York employers who pay their non-exempt, hourly employees on a bi-weekly or semi-monthly basis may need to think again based on recent court decisions interpreting the definition of “manual worker” under the New York Labor Law (“NYLL”). As explained in more detail below, the NYLL requires that...
California has long been notorious for having a law, backed by public policy, prohibiting employee noncompete provisions except in very limited circumstances. Effective January 1, 2024, it even more aggressively furthers this stance. The Legislature noted that noncompete clauses remain common in the...
Effective July 1, 2023, the Freelance Worker Protections Ordinance of the City of Los Angeles became effective, imposing new requirements on the use of independent contractors and freelance workers together with new penalties for the violation of its requirements. Its provisions apply to a written...
Since Illinois first enacted the Day and Temporary Labor Services Act (the “Act”) in 2006, the number of temporary workers in the state has more than doubled, from 300,000 to over 650,000 workers. The number of registered temporary worker agencies has also doubled, from 150 to over 300. To address...
On August 1, 2023, the Department of Homeland Security (“DHS”) introduced a process for qualified E-Verify employers to complete I-9 verification in a completely remote manner. Unlike during the DHS COVID-19 temporary flexibilities period, this alternative procedure does not require a physical...
Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations implementing the Pregnant Workers Fairness Act (“PWFA” or the “Act”). The public has until October 10 to comment on the EEOC’s proposed regulations. Background: The Pregnant Workers Fairness Act The PWFA...
As employees continue to work fully remote, courts will be tasked with determining what state discrimination law applies to an employee who does not live or work in the same state as their employer. In grappling with this question with no precedent from New Jersey’s highest court, the United States...
Since 2017, employers have been able to rely on The Boeing Company , 365 NLRB No. 154 (2017) (“ Boeing ”), for relatively clear guidance on the lawfulness of their work rules (including employee handbook policies and manuals). In Boeing , the Board delineated categories of work rules: certain rules...
A recent opinion from the 3rd Circuit U.S. Court of Appeals confirmed what should be settled law: deathbed gifts made by personal check delivered before death but deposited after death remain part of the donor’s taxable estate and thus subject to estate tax. A lot of taxes, legal fees, and headache...
“Oops, [it] did it again.” Analogous to Ms. Spears’s lyric, the Occupational Safety and Health Administration (OSHA) once again causes a reset across multiple industries with its third iteration of an electronic data reporting rule. Beginning January 1, 2024 , for employers in specific high-hazard...
Last week, the Supreme Court issued two significant decisions impacting employers nationwide. The Court’s holding in Groff v. DeJoy requires employers to grant religious accommodations to employees, unless such accommodations would cause substantial increased costs in relation to the conduct of the...
This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to further attract and retain top talent. Issues in design and...
New York is on the brink of joining the growing list of states and federal agencies that disfavor or outright ban non-compete agreements. On June 20, 2023, the New York legislature passed a bill that would prohibit employers in the state from using non-compete agreements. The bill now awaits final...