News & Analysis as of

State and Local Government › Summary Judgment › Employer Liability Issues

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Common Law Action: Maryland Appellate Court Addresses Negligence/Nuisance Claims

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The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

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In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

Seyfarth Shaw LLP

Appellate Court Considers the Illinois “Employee Credit Privacy Act”

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Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Seyfarth Shaw LLP

School Scores Summary Judgment Win In ADEA Collective Action

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Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

Seyfarth Shaw LLP

Federal Formula For “Flat Sum” Bonus Overtime Calculation Rejected

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Seyfarth Synopsis: California employers must use the formula prescribed by the Division of Labor Standards Enforcement Manual to calculate overtime on flat sum bonuses, not the bonus overtime formula used under federal law....more

Seyfarth Shaw LLP

Federal Court Rules That The EEOC Can Mess With Texas In Felon Hiring Lawsuit

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Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more

Seyfarth Shaw LLP

Extra Credit: Franchise Restaurant Workers Clear Path To Massive Payout On Technicality Under New York Law

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Seyfarth Synopsis: Tipped workers who didn’t receive notice of the tip credit get a win under New York state minimum wage law in a case that echoes technical traps we have seen in FLSA decisions. ...more

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