A significant new regulation regarding the trucking industry has just had its effective date delayed by two years. The Entry-Level Driver Training (ELDT) rule was originally scheduled to go into effect on February 7, 2020. Instead, the Federal Motor Carrier Safety Administration has pushed back the rule’s implementation to February 7, 2022.
Medical marijuana is still a controversial subject in the field of employment, even as it becomes less controversial generally. Thirty-three states now provide for legal medical marijuana. Many of those states legalized medical marijuana after the success of ballot measures in statewide elections. At the same time, the drug remains a controlled substance at the federal level and the Controlled Substances Act states that marijuana has no commonly accepted medical usage.
Given the relative newness of cyber insurance policies, comparatively little case law exists interpreting these policies in the context of claims. Courts have sometimes struggled with how to interpret unique policy provisions in the context of variations of computer fraud. While some courts have taken highly technical approaches to the language contained in the policy, other courts have taken a more relaxed approach based on the understanding of the parties. A recent case out of the Eleventh Circuit Court of Appeals highlights these issues. Principle Solutions Group, LLC v. Ironhorse Indemnity, Inc. tackled a claim dispute between an insured business and an insurance company involving a cyber claim.
State governments have started to take strong action against what they view as unfair employment practices. Legislatures are passing new laws about hiring practices quite frequently over the last few years. These laws seek to create greater fairness in the hiring and salary negotiation process in order to overcome inequalities such as the gender pay gap and other issues.
For the past several years, attempts at the federal and state level to clarify rules on joint employment situations have caused considerable heartburn and anxiety for employers. While several states and the Obama administration attempted to broaden the situations in which companies could be held liable for joint employers, other states and the Trump administration have pushed back and sought to protect many types of companies from being held accountable as joint employers.
Companies without cyber insurance can find themselves in difficult situations. As more and more vital business functions migrate to electronic systems, companies without cyber insurance have to try and find coverage for any damage to their systems through traditional insurance policies. That approach can work depending on the specifics of a policy and a claim, but it might lead to additional legal costs fighting with the insurance company.
No employer wants to face a class action lawsuit. Defending a class action lawsuit is an extremely costly endeavor, one where the legal fees begin mounting very early in the process. Such lawsuits often take far longer than traditional litigation to reach a resolution. Cases can easily take five to ten years before the final trial begins. These two factors often force class action defendants into settlement early in the proceedings if they cannot win dismissal of the case at one of the preliminary proceedings.
Employment contracts are different from most other types of commercial contracts. A host of unique rules apply to employment contracts. At the end of the day, though, they are still contracts and must adhere to the basic rules of contracts, even if those rules are sometimes applied in different ways. This is particularly true when discussing non-compete clauses.
In the aftermath of California’s aggressive attempts to crack down on the “gig” economy, other states have moved as well, though often in different directions. While many states have moved to pass laws specifically designed to protect the status of “gig” workers, New Jersey is in the process of passing its own attempt to regulate these workers. Indeed, the proposed New Jersey legislation would go so far that it would classify almost all workers in the state as employees and make it incredibly difficult for someone to claim independent contractor status.
It was expected that California’s Assembly Bill 5 passed late last year would spawn tons of litigation. The law radically changed how workers from uber drivers to television show writers were classified. Those negatively impacted by the law aggressively lobbied for changes and exemptions while planning litigation should their lobbying efforts fail.