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NLRB’s Request To Drop The Adverse Action Requirement In Some Cases May Expand An Employer’s Vulnerability To Unfair Labor Charges

Practice Area: infomedia

NLRB’s Request To Drop The Adverse Action Requirement In Some Cases May Expand An Employer’s Vulnerability To Unfair Labor Charges

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Most, if not all, labor and employment statutes require an employee to show some kind of adverse action on behalf of the employer to prevail, especially when seeking monetary compensation. While what constitutes an adverse action can often get murky, the Equal Employment Opportunity Commission has clarified that an “adverse employment action” includes, but is…
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Coca Cola Company Accused Of Greenwashing Sustainability Claim

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Environmental groups in the United States and Europe have filed complaints against Coca Cola and other companies accusing them of “greenwashing” their environmental sustainability claims. Companies are accused of greenwashing when they make claims that something is more eco-friendly, green, or sustainable than it really is. In 2021, Earth Island Institute brought a lawsuit against…
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New York Appellate Court Denies Summary Judgment Motion Against Owner General Contractor Because Owner General Contractor’s Defendant’s Evidence Created An Issue Of Fact

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In Rivas v. Purvis Holdings, LLC, the owner/general contractor of a 28-story building project was sued by an employee of a masonry contractor in an attempt to recover damages for injuries suffered at the construction site. 2023 WL 8440738. The trial court denied the plaintiff’s motion for summary judgment on the cause of action alleging…
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Finra Fines Four Firms $2.6 Million For Violations Relating To Fully Paid Securities Lending

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FINRA recently announced new sanctions filed against M1 Finance LLC, Open to the Public Investing, Inc., SoFi Securities LLC, and SogoTrade, Inc. for supervisory and advertising violations. The fines for these violations totaled $1.6 million. In addition to the substantial fine, FINRA also ordered the firms pay over $1 million in restitution. During its investigation,…
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Architect’s Failure To Report Safety Issue Prevents Summary Judgment

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In Bonilla v. Verges Rome Architects, 2023 WL 3371559 (La. App. 5th Cir. 2023), the Louisiana Fifth Circuit Court of Appeals held that an architect could be liable to an injured worker for failing to address a known safety issue, despite contractual language establishing site safety as solely a contractor responsibility. The City of New…
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Epa Announces Plan To Modify Lithium Ion Batteries Treatment As Universal Waste And Extend Definition Of Universal Waste To Include Photovoltaic Solar Panels

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The vast expansion of the renewable energy sector has prompted the EPA to modify existing universal waste requirements regarding the disposal of lithium-ion batteries and expand the universal waste rule to cover photovoltaic solar panels. The universal waste program was implemented in May 1995, as a subsection of the Resource Conservation and Recovery Act (RCRA), to…
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NLRB Expands Joint Employer Rule

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On October 26, 2023, the National Labor Relations Borad (“NLRB”) issued a new standard for determining when two employers are considered “joint employers” under the National Labor Relations Act (“NLRA”).  While the standard was issued in regard to the NLRA, businesses should expect that plaintiffs will use the new standard with regard to claims outside…
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Finra Gains Support Against Claim It Is Unconstitutional

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The North American Securities Administrators Association (“NASAA”) and the Public Investors Advocate Bar Association (“PIABA”) have announced their support for FINRA as it challenges Alpine Securities Corporation’s (“Alpine”) arguments that it is unconstitutional. NASAA, the membership organization for state regulators, filed an amicus brief with the District of Columbia Court of Appeals citing its support…
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