Key Points A discharge of pollutants to groundwater may require a permit under the Clean Water Act. The new “functional equivalent of a direct discharge” test will be difficult to apply. It will be a long and arduous process to reach uniformity as agencies, courts, and the regulated community try to figure out how to proceed on a case-by-case basis. On April 23, 2020, the Supreme Court published its much-awaited opinion in County of Maui v ...
Key Points: SF passed emergency ordinance requiring employers to provide workers with supplemental COVID-related paid leave. The ordinance applies to employers not covered by federal Families First Coronavirus Response Act. Employers are required now to post notice about this emergency leave, which is available from SF’s Office of Labor Standards Enforcement. Despite the discussions of reopening businesses, employees may not be returning to work anytime soon ...
In light of President Ramaphosa’s announcement of a phased approach to the end of lockdown, many businesses will still be required to remain closed (or partially closed) after 30 April 2020. With this in mind, many employers will still require assistance from the Coronavirus (COVID-19) Temporary Relief Scheme (“C19TERS”) ...
Another week brings another round of COVID-19-related lawsuits. We are identifying some early trends and provide a synopsis of the more relevant lawsuits below. Will nursing homes be overwhelmed by wrongful death lawsuits? The daughter of a woman suspected to have died from COVID-19 has filed a wrongful death suit against the company who owns the Life Care Center of Kirkland where her mother was a resident ...
General Provisions When must an Employer’s First Report of Injury be filed? The employer must submit information about the injury to the insurance carrier within five (5) days of the employee's notice of injury. What is the statute of limitations for the filing of an employee’s claim? An employee has six (6) months after suffering a work-related injury to file a workers’ compensation claim ...
Another week brings another round of COVID-19-related lawsuits. We are identifying some early trends and provide a synopsis of the more relevant lawsuits below. Will nursing homes be overwhelmed by wrongful death lawsuits? The daughter of a woman suspected to have died from COVID-19 has filed a wrongful death suit against the company who owns the Life Care Center of Kirkland where her mother was a resident ...
The COVID-19 pandemic with contact restrictions and travel bans also poses challenges for civil proceedings. In the future, the functionality in pandemic times could be the material factor for the choice between state courts and arbitral courts because flexibility and options for responding to the COVID-19 pandemic are varying. State court proceedings Despite the COVID-19 restrictions, court deadlines must still be met ...
On April 18th 2020, the Russian President signed a Decree establishing a temporary procedure for hiring foreign nationals in Russia and suspension of migration terms. Temporary rules apply from March 15th until June 15th, 2020 ...
In accordance with Decrees of the Moscow Mayor No. 42-UM dated April 10th, 2020 and No. 43-UM dated April 11th, 2020, visiting of most organizations is temporarily suspended and pass control is introduced, within the territory of Moscow. Resolutions of the Moscow Region Governor No. 176-PG dated April 10th, 2020 and No. 177-PG dated April 11th, 2020 introduced similar measures within Moscow Region ...
Earlier this week, the US Department of Labor (DOL) added to their long list of Frequently Asked Questions (FAQs) to the Families First Coronavirus Response Act or FFCRA. These latest additions raises the total of FAQs from an already robust 79 to a staggering 88. Combined with the DOL’s first FFCRA enforcement action in Arizona, this is the latest warning for employers to get fully prepared ...
The B.C. and federal government have announced new benefits for workers impacted by COVID-19. B.C. Emergency Benefit for Workers The B.C. Emergency Benefit for Workers will provide a one-time $1,000 payment to people who lost income because of COVID-19. B.C. residents who receive Employment Insurance (“EI”) or the new Canada Emergency Response Benefit (“CERB”, described below) will be eligible ...
Guidance Focuses on Concurrent Leave Issues, Hours to be Paid During Leaves, and Regular Rates of Pay Applicable Now that covered employers are providing paid leaves under the Families First Coronavirus Act (the “FFCRA”), more questions about the FFCRA’s nuances are surfacing ...
According to section 3(1) of the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Regulation) (Cap.599G), no group gathering of more than four persons may take place in any public place during a specified period, unless it falls within one of the exceptions set out in Schedule 1 to the Regulation. The specified period will last until 7 May 2020, but may be further extended depending on the rapid changes in the public health situation ...
In response to the economic impact of the COVID-19 pandemic, the federal government has passed several new laws to provide trillions of dollars of funding to affected businesses and individuals. But this also means there are new compliance considerations for entities receiving federal funds, especially as it relates to the False Claims Act’s “false certification” theory of liability ...
On Tuesday, the United States Court of Appeals for the Third Circuit departed from opinions issued by the Fourth and Ninth Circuits in ruling that violations of the FDCPA begin to run when the violation occurs. In Rotkiske v. Klemm, et al., plaintiff Rotkiske sued a law firm that, in 2009, had obtained a default judgment against him. The law firm moved to dismiss the FDCPA claim, alleging it was untimely ...
On July 4, 2017, amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”) took effect. One of those amendments requires a potential plaintiff to give a creditor or collector notice of alleged violations under the statute before the potential plaintiff can file a lawsuit against them. They then have 20 days to make an offer to cure the alleged violations, and the potential plaintiff has 20 days thereafter to decide whether to accept it ...
The 2015 amendments to the West Virginia Consumer Credit and Protection Act (‘WVCCPA”) are not retroactive, according to a federal court in West Virginia. In O’Dell v. USAA Federal Savvngs Bank aka USAA, the court rejected a bank’s argument that the WVCCPA statute in effect at the time of trial applies. The court determined the WVCCPA amendments could not be applied to a scenario that predated their effectiveness ...
Earlier this month, a West Virginia federal court ruled a disclosure in a debt collection letter regarding potential tax implications for settling a debt did not violate the Fair Debt Collection Practices Act (“FDCPA”) or the West Virginia Consumer Credit and Protection Act (“WVCCPA”). In Garrettson v. Sentry Credit, Inc. et al., a debt collector sent a collection letter to the plaintiff debtor, offering to settle the debt for less than the amount due ...
On the 10thof April, 2020, the Government of Hungary as part of its long-awaited Economic Protection Action Plan (the “Plan”) introduced by Government Decree 104/2020 the possibility for employers to introduce a 24-month working time frame. According to Government Decree 104/2020, during the state of emergency the Labor Code shall apply with the exception that the employer may order a working time frame for a maximum of twenty-four months ...
The so called “break-even point” is a relevant concept in business economy. Simply speaking, a company is in break-even point when the number of product units sold equals its Total Fixed Cost, divided by the respective Contribution Margin per Unit (i.e ...
The Supreme Court of Appeals of West Virginia upheld the constitutionality of the Workplace Freedom Act in a 5-0 decision, with one justice dissenting in part. The decision removes the cloud over the state’s right-to-work law, which was passed in 2016 but was enjoined by a trial court for a substantial period of time, determined to be unconstitutional, in part, by the same trial court and now takes full effect ...
