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|Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable|
Jacklina A. Len, Laura Reathaford; Proskauer Rose LLP;
November 7, 2013, previously published on November 6, 2013In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the California Labor Code. As a condition of employment, Chavarria signed an...
|Tennessee: Revenue Letter Ruling Provides Guidance on Sales Taxes Applicable To Certain Cloud Computing Services|
McDonald Hopkins LLC;
November 6, 2013, previously published on October 31, 2013The Tennessee Department of Revenue (the Department) recently issued Revenue Letter Ruling #13-12 (the Ruling). In the Ruling, the Department addressed the application of the Tennessee Retailers’ Sales Tax Act (the Act) to various cloud computing services.
|Court Rejects Marijuana Retail Sale Defense|
Laura L. Crane, G. Ross Trindle; Best Best & Krieger LLP;
November 1, 2013, previously published on October 31, 2013A California appellate court recently held that neither the Compassionate Use Act (CUA) nor the Medical Marijuana Program Act (MMPA) allows the sale of marijuana for profit and provided clarification on how to determine whether a collective or cooperative is operating properly. The court ruling...
|COUNTING THE COST OF PAYROLL CARDS: Are They Worth It for Employers?|
Susan Bassford Wilson; Constangy, Brooks & Smith, LLP;
October 31, 2013, previously published on October 18, 2013Paying employees is a complicated business. For employers in retail and other industries where employees may not have bank accounts, payroll cards have emerged as a potential solution.
|California: Governor Signs Retroactive Tax Relief for Sale of Qualified Small Business Stock|
McDonald Hopkins LLC;
October 28, 2013, previously published on October 24, 2013Entrepreneurs who invested in California small businesses can breathe a sigh of relief because Governor Jerry Brown signed legislation (A.B. 1412) which fully relieves such investors from retroactive tax assessments from the sale of Qualified Small Business Stock (QSBS) between tax years 2008 and...
|Illinois: Supreme Court Strikes Down Controversial “Amazon Tax”|
McDonald Hopkins LLC;
October 28, 2013, previously published on October 24, 2013Last Friday, October 18, 2013, the Illinois Supreme Court issued a 6-1 opinion holding that the state’s “click-through” nexus law or “Amazon tax” is invalid. The underlying law was passed in 2011 when brick-and-mortar retailers in Illinois called on the state...
|Think Twice Before You Dial: New FCC TCPA Rules Went into Effect Yesterday|
Edwards Wildman Palmer LLP;
October 17, 2013, previously published on October 17, 2013Companies engaged in text marketing campaigns, as well as traditional telemarketers, should take note that today, October 16th, marks the implementation of new FCC rules with respect to the Telephone Consumer Protection Act (TCPA). The stated goal is to bring the FCC’s rules with respect to...
|Recent Upsurge of Massachusetts Class Actions on Merchant Zip Code Collection|
Brian J. Green, Sander A. Rikleen, Mark E. Schreiber; Edwards Wildman Palmer LLP;
October 3, 2013, previously published on October 2, 2013There has been a flurry of class actions filed in the last six months against retailers in Massachusetts alleging improper collection of ZIP codes from consumers during credit card purchases. This upsurge follows the March 2013 decision by the Massachusetts Supreme Judicial Court in Tyler v....
|Material Breach May Have Voided Confidential Settlement Agreement, Court Finds|
Morrison Cohen LLP;
September 27, 2013, previously published on September 24, 2013In a ruling from the bench in favor of high-end fashion jewelry retailer and Morrison Cohen client Madison Avenue Diamonds LLC, the Commercial Division of the Supreme Court, New York County, has ordered that trial preparation proceed on claims that could void the retailer’s obligation to make...
|Court of Appeals Again Rejects Dram Shop Liability|
Eric M. Leppo; Semmes, Bowen & Semmes A Professional Corporation;
August 17, 2013, previously published on August 2013In this recently issued, and highly anticipated opinion, the Maryland Court of Appeals, affirmed again that there is no dram shop liability in the State of Maryland, and Judge Battaglia’s majority opinion stated that any such change in the law rests with the Legislature.