News & Analysis as of

Notice Requirements Waivers

Jackson Lewis P.C.

Detail Matters: Recent Court Decision Finds Insufficient Information Limits Employer Reliance on WARN Exceptions

Jackson Lewis P.C. on

A federal bankruptcy court held that an employer cannot rely on the “unforeseeable business circumstances” or “faltering company” exceptions to the federal Worker Adjustment Retraining Notification (WARN) Act’s 60-day advance...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Face New Challenges as NLRB Restores ‘Clear and Unmistakable’ Waiver Standard

On December 10, 2024, the National Labor Relations Board (NLRB) restored the “clear and unmistakable” waiver standard for evaluating whether an employer made unlawful unilateral changes without first giving the union notice...more

McDermott Will & Schulte

California AB 3129 Targets the Health Facility Transactions Approval Process

On February 16, 2024, Assemblymember Jim Wood introduced Assembly Bill (AB) 3129, which targets healthcare consolidation involving private equity groups and hedge funds. The bill, if enacted, would require private equity...more

Jackson Lewis P.C.

New Jersey’s Expanded Mini-WARN Law to Take Effect April 2023

Jackson Lewis P.C. on

After a two-year delay, the amendment to the New Jersey Millville-Dallas Airmotive Plant Job Loss Notification Act, the state’s mini-WARN law, will take effect on April 10, 2023. The Act, as amended, expands the coverage of...more

Venable LLP

Return to "Normalcy" - Bracing for the End of the Public Health Emergency

Venable LLP on

In January 2020, Alex M. Azar, II, then secretary of the U.S. Department of Health and Human Services (HHS), signed a nationwide declaration of a Public Health Emergency (PHE) that would largely shape the response of public...more

Snell & Wilmer

Texas Finds Actual Notice is Not Substantial Compliance with a Written Notice Provision

Snell & Wilmer on

The Supreme Court of Texas recently addressed notice requirements in a construction contract. In James Construction Group, LLC v. Westlake Chemical Corporation, the court held that even though the substantial compliance...more

Rumberger | Kirk

Florida’s Limited Waiver of Sovereign Immunity Requires Proof that Pre-Suit Statutory Notice of Claim Actually be Received within...

Rumberger | Kirk on

Sovereign immunity stands for the long-standing premise that the government cannot be sued without its consent. The immunity applies to the State of Florida and all subdivisions of the state, including counties,...more

UB Greensfelder LLP

Time After Time: Illinois Supreme Court Asked To Decide When Statute of Limitations Accrues for BIPA Violations

UB Greensfelder LLP on

The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires businesses to notify individuals before collecting their biometric identifiers such as fingerprints (click here to read our previous client...more

Dentons

Discrimination Concerns in Skipping Notice Period

Dentons on

Last week, we looked at some of the concerns businesses face when they consider whether to let an employee work the duration of their notice period or if it’s better to cut ties quickly. Read about the issues that notice...more

Dentons

Don’t Let the Door Hit You on the Blank on the Way Out: Skipping the Notice Period

Dentons on

Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more

Jones Day

Industry Participants Weigh in on FERC Proposal to Limit Availability of Tariff Waivers

Jones Day on

The Situation: The Federal Energy Regulatory Commission ("FERC") issued a proposed policy statement that may signal a significant change to FERC's policy on waivers related to remedial relief. The Impact: While it is...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2020: Cohen v. G&M Realty L.P.: A Judicious Gentrification of Graffiti

Last week, the Second Circuit issued a landmark decision clarifying the types of work protectable under the federal Visual Artists Rights Act (VARA) in Cohen v. G&M Realty L.P. The decision confirms that graffiti art is a...more

Vedder Price

New Jersey Significantly Expands State Mass Layoff and Plant Closing Statute

Vedder Price on

On January 21, 2020, the governor of New Jersey signed into law arguably the most stringent provisions governing plant closings and mass layoffs in the nation. Senate Bill 3170, which goes into effect on July 19, 2020, amends...more

Jones Day

The Importance of Strictly Complying with Notice Requirements on Australian Projects

Jones Day on

The Situation: Australian courts have regularly maintained that contractors must strictly comply with any express conditions for extra time or money under construction contracts, including conditions requiring written notice...more

Baker Donelson

All Right Stop, Collaborate and Listen! CMS Is Back with Its Brand New Invention, Preparing for CJR Gainsharing

Baker Donelson on

Understandably, there is anticipation surrounding the April 1st start date for CMS’s newest bundled payment program, the Comprehensive Care for Joint Replacement (CJR) program. As participant hospitals consider gainsharing...more

Ward and Smith, P.A.

The Fair Labor Standards Act Statute of Limitations Limits Employer Liability: Except When It Doesn't

Ward and Smith, P.A. on

About a year ago, the United States Court of Appeals for the Fourth Circuit held in Cruz v. Maypa, 773 F.3d 138 (4th Cir. 2014), a decision that has received little attention, that an employer covered by the Fair Labor...more

Seyfarth Shaw LLP

Changes to the S.F. Formula Retail Employee Rights Ordinances

Seyfarth Shaw LLP on

As our loyal CalPecs blog readers know, in November 2014, San Francisco passed two ordinances—“Hours and Retention Protections for Formula Retail Employees” and “Fair Scheduling and Treatment of Formula Retail...more

Snell & Wilmer

Nevada Supreme Court Determines That Guarantor Cannot Waive Right to Receive a Notice of Default, but Substantial Compliance With...

Snell & Wilmer on

Schleining v. Cap One, Inc., 130 Nev. Adv. Op. 36 (May 29, 2014), arises out of a loan to purchase an undeveloped piece of property, which was guaranteed by the principal of the borrower. After the borrower defaulted, the...more

Spilman Thomas & Battle, PLLC

New N.C. Lien Laws Take Effect Next Week. Is Your Company Ready?

The North Carolina construction world was abuzz during 2012 about new legislation bringing significant changes to North Carolina’s mechanic’s lien and payment bond laws. Governor Perdue signed SB 42 and HB 1052 into law this...more

Smith Anderson

Changes to North Carolina Lien and Bond Law – What You Need to Know

Smith Anderson on

A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the...more

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