In 2016 the Equal Employment Opportunity Commission (“EEOC”) adopted a controversial rule requiring employers with over 100 employees to report pay data and hours worked broken down by sex and race as part of annual EEO-1 reporting obligations. On July 2, 2019, the EEOC updated its website to provide additional information and about new pay…
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FINRA recently issued Regulatory Notice 19-23 addressing “extraordinary cooperation” by broker dealers and broker dealer firms. The Notice highlights FINRA’s hopes to incentivize broker dealers and broker dealer firms to take “proactive and voluntary steps beyond those required under FINRA rules” by crediting such cooperation in FINRA’s regulatory enforcement decisions. The Notice also clarifies the…
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In Ex parte Farley, — So.3d —-, 2019 WL 2558824 (Ala. Civ. App. June 21, 2019), the Employee, Randy Farley (“Farley”) filed suit for workers’ compensation benefits against his Employer, Transport America, Inc. (“Transport America”) in Etowah County, Alabama. As part of its discovery requests, Transport America asked that Farley execute releases for obtaining certain…
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On June 11, 2019, Alabama Governor Kay Ivey signed a new law that prohibits employers from paying less for the same work on the basis of gender or race. The new law, titled the Clarke-Figures Equal Pay Act (the “Act”), makes Alabama the 49th state to enact a state law against wage inequality, with only…
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On June 5, 2019, the SEC voted to adopt a package of rulemakings and interpretations regarding broker dealers’ and investment advisers’ standards of conduct, including new Regulation Best Interest, new Form CRS Relationship Summary, and two interpretations under the Investment Advisers Act of 1940. Under Regulation Best Interest, broker dealers will be required to act…
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In Manney v. MBV Engineering, Inc., 2019 WL 2079379 (Fla. 5th DCA May 10, 2019), the Fifth District Circuit Court of Appeals of Florida held the statute of repose did not apply to a homeowner’s claim against an engineer for negligently inspecting a newly constructed home because the inspection did not qualify as the design,…
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In Thomaston Acquisition, LLC v. Piedmont Construction Group, Inc., Georgia’s Supreme Court addressed the scope of the “acceptance doctrine” in negligent construction cases. 2019 WL 2332043 (Ga. 2019). Thomaston Acquisition, LLC (“Thomaston”) was the subsequent purchaser of an apartment complex and, after purchase, it discovered that the roof and HVAC system had been negligently constructed….
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The U.S. Supreme Court has granted a petition for writ of certiorari to review questions regarding clean-up activities required by the U.S. Environmental Protection Agency (“EPA”) under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). Atlantic Richfield Co. v. Christian, No. 17-1498. In the suit, Atlantic Richfield seeks to overturn a decision by the…
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Attorneys Aaron Ashcraft and John C. Webb recently obtained summary judgment in a workers’ compensation action pending in Bessemer Alabama. The summary judgment asserted a novel res judicata argument, and was based on the proposition that a Plaintiff cannot recover benefits after previously asserting, and settling, a claim for permanent total disability benefits against the…
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In Fletch’s Sandblasting & Painting, Inc. v. Fay, Spofford, and Thorndike LLC, 2019 WL 847731 (D.Me. Feb. 21, 2019), the Federal District Court held that a subcontractor that was not in contractual privity with an engineer could not seek to recover its economic losses caused by the engineer’s alleged negligent design due to the economic…
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