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|Recent Case Provides Stark Reminder to Obtain a General Release When Settling Workers’ Compensation Claims|
Joshua L. Schwartz; Barley Snyder;
January 14, 2014, previously published on January 10, 2014The intersection between the workers’ compensation system and other employment laws can be difficult to navigate. (See “Falling Down the Injured Worker Rabbit Hole” ). Therefore, when an employee asserts claims for workers’ compensation and under other employment laws, it is...
|Ordinance Authorizing Warrantless Inspections of Hotel Records is Unconstitutional|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
January 14, 2014, previously published on January 13, 2014Motel owners challenged a Los Angeles Municipal Code provision requiring hotel guest records to be made available to any Los Angeles Police Department officer for inspection. The United States Court of Appeals for the Ninth Circuit held that the portion of the ordinance that authorizes on-site,...
|Tax Ruling Impacts the Use of Mandatory Service Charges|
David A. Prather, Salvador P. Simao; Ford & Harrison LLP;
January 13, 2014, previously published on January 10, 2014Executive Summary: Beginning on January 1, 2014, "mandatory gratuities" or service charges are no longer considered "tips" by the Internal Revenue Service, and thus are not excludable from FICA withholding. This change may make it less attractive for hospitality employers to use...
|Pre-Filed Legislation to Amend South Carolina Permitting Law in Certain Coastal Areas|
Bov Cole, Mary D. Shahid; Nexsen Pruet, LLC;
December 23, 2013, previously published on December 18, 2013The South Carolina Senate and House have concluded pre-filing for the 2014 Legislative Session.
|Franchising: The Route to International Expansion in the Leisure Sector|
Dentons Canada LLP;
December 18, 2013, previously published on December 17, 2013Franchising is a proven route to the successful international expansion of leisure businesses such as fitness studios, golf clubs and tennis schools. In the leisure sector global brands such as Curves International and Gold's Gym have used franchising successfully to grow in both traditional...
|Indiana Court Finds Employee’s Attempt At Humor Was Not Protected Religious Expression|
Brian L. McDermott; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 17, 2013, previously published on December 13, 2013Ronald Ogle worked as a Community Employment Specialist for the Indiana Department of Workforce Development (IDWD). On November 10, 2012, he forwarded to his coworkers an email that included a picture of a barbeque restaurant named “Little Pigs Genuine Pit.” The restaurant’s...
|A Note for Individuals with Property in the U.S.|
Karen A. Platten; McLennan Ross LLP;
December 17, 2013, previously published on Winter 2013June 30, 2014 will mark a new era in Canada - US sharing of information on movement of individuals between the two countries. The result for Canadians with homes in the US is that they must be even more vigilant about counting the days they spend in the US to ensure that they do not exceed the 180...
|Shareholder Oppression in Action|
Stephen Antle, Kara L. Beitel, Barry H. Bresner; Borden Ladner Gervais LLP;
December 13, 2013, previously published on December 9, 2013Dispute Resolution doesn’t usually publish case comments. But the Supreme Court of British Columbia’s decision in Southpaw Credit Opportunity Master Fund LP et al v. Asian Coast Development (Canada) Ltd. et al, 2013 BCSC 187, is worth making an exception for because it contains several...
|Deep-Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.|
Craig A. Cowart; Fisher & Phillips LLP;
December 6, 2013, previously published on December 3, 2013The whole country watched as celebrity chef Paula Deen was roasted over the lawsuit filed by a former general manager of a Deen-affiliated restaurant. Now that the media storm is starting to fade, what lessons can employers and human resources professionals learn from what happened? Keep reading...
|When Is A Union Not A Union? When It's a "Worker Center.”|
Steven M. Bernstein; Fisher & Phillips LLP;
December 6, 2013, previously published on December 3, 2013In recent weeks, the fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, rallying around wages, benefits and other conditions. The strategy invoked by these so-called "worker centers" (or "alt-unions") is not altogether new,...