As the current coronavirus crisis unfolds, many employers are forced to consider laying off their staff, particularly those in the hospitality, wellness and event industries. Before you alert your team to the new reality, employers should determine whether they are covered by federal and state-level WARN laws. For background, Congress passed the WARN Act in the
The right to bring a claim arising from an employer’s violation of a labor and employment law is subject to time limits, known as statutes of limitations. The applicable statute of limitations varies depending on the type of claim and where the claim is brought. A complaint can be filed with a federal, state, or
As the coronavirus spreads, every business is likely thinking about how it will impact their ability to deliver or pay for goods and services. Pandemics such as COVID-19 may provide a valid reason for nonperformance of a contract, but it depends on the circumstances and the language of the force majeure clause. Force Majeure Clause
Restrictions placed on businesses, though necessary to encourage social distancing and curb the spread of the coronavirus, are impacting both employers and employees alike. Some businesses have been forced to close. Other business owners are voluntarily closing or scaling back operations and onsite work. Employees may find they have no job. They may be afraid
Updated: June 30, 2020 You, like many fellow business owners, may have confidential information or business “secrets” kept under lock and key. Secrets could be a family recipe for the next restaurant, a coding algorithm built over the years, client list developed in the business, manufacturing processes or data and research compiled within a company.
Federal, state and many local laws prohibit discrimination against individuals based on their religious beliefs, in hiring, firing or any other terms and conditions of employment. Such laws apply to those who have sincerely held religious, ethical or moral beliefs, as well as atheists or agnostics. Discriminatory acts include any type of employment decision based on religious
If someone sues you and you do not respond within the required timeframe, the court can enter a default judgment against you. This means that the court can award damages to a plaintiff, without you being heard. The plaintiff can then use this judgment to garnish your wages, levy your bank accounts, seize certain of
Recently, a wave of litigants in New York have commenced lawsuits, pursuant to the Americans with Disabilities Act (“ADA”), alleging that a company’s failure to provide Braille on gift cards violates the ADA. While businesses may be familiar with the basics of ADA compliance, this new litigation may come as a surprise. The ADA prohibits
In recent years, there has been a flood of criticism directed at websites that publish objectionable content from third parties. Examples include social media sites that allow “fake news” and false political ads and websites that host proponents of mass shootings and white supremacy. But there are everyday examples of the damage done by people
Copyright involves a “bundle of rights” that are reserved for the author; one of which is the right to perform the copyrighted work publicly. However, understanding public performance rights in the context of music can be complicated because there are two different types of rights that can be licensed. Choosing what type of license is
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