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The Supreme Court Of New York Affirms Summary Judgement Against An Owner, General Contractor, And Developer Based On Violation Of New York Labor Laws

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In Koba Mushkudiani v. Racanelli Construction Group, Inc., et al., an Appellate Division of the New York Supreme Court (“the Court”) affirmed summary judgment against the owner, general contractor, and developer of a construction project for violation of multiple New York Labor Laws. 2023 WL 5064219. Koba Mushkudiani (“Plaintiff”) was working on a construction site…
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EEOC Publishes Proposed Rule To Implement The Pregnant Workers Fairness Act

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On August 11, 2023, the Equal Employment Opportunity Commission (“EEOC”) published its proposed regulations to implement the Pregnant Workers Fairness Act (“PWFA”) in the Federal Register. The PWFA became effective June 27, 2023, and requires that employers with at least 15 employees provide reasonable accommodations, absent undue hardship, to qualified employees and applicants with known limitations related to,…
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Industry, Environmental Groups, And Political Parties Disagree About Feasibility And Reach Of Epa’s Proposed New Vehicle Emissions For 2027-2032

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On April 12, 2023, the EPA and Biden Administration proposed new rules governing emissions from new vehicles manufactured in the United States between 2027 and 2032. The EPA bases its authority to enact the regulations on section 202(a) of the Clean Air Act. The Biden administration previously laid the groundwork for more stringent vehicle emissions…
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Florida Amends Condominium Inspection Statute

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On June 9, 2023, Florida Governor Ron Desantis signed legislation amending the inspection requirements for condominium buildings that reach thirty years of age and for condominiums the control of which is turned over from the ownership association to the owners themselves.  See 2023 Fla. Sess. Law Serv. 203.  Some of the changes directly impact inspection…
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Supreme Court Clarifies Standard For Religious Accommodations

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On June 29, 2023, the United States Supreme Court unanimously adopted a new “undue hardship” standard for religious accommodations under Title VII of the Civil Rights Act (“Title VII”). The decision came in Groff v. DeJoy, No. 22-174 (June 29, 2023), which concerned an Evangelical Christian postal worker who opposed working on Sundays due to…
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Appeals Court Of Pennsylvania Affirms Judgment Against Builder After Holding Statute Of Limitations Defense Was Waived Due To A Lack Of Specificity In Pleading

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In Borel Builders, Inc. v. Burke, 292 A.3d 1117 (Pa. Super. Ct. 2023), the Superior Court of Pennsylvania upheld a judgment against a home builder and determined it waived its statute of limitation defense because it failed to plead sufficient facts to support the defense. In May 2012, Brian and Pamela Burke (“the Burkes”) contracted…
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Monmouth Capital Management Expelled By Finra

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FINRA has announced it has expelled Monmouth Capital Management for various violations, including churning, excessive trading, failure to supervise its representatives and providing false and misleading disclosures to retail customers on its client relationship summary (“Form CRS”). During its investigation, FINRA obtained evidence which reflected Monmouth, by way of approximately six (6) registered representatives, excessively…
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Finra Proposes New Liquidity Risk Management Requirements

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On June 12, 2023, FINRA published Regulatory Notice 23-11,[*1] soliciting comments on proposed Rule 4610 concerning liquidity risk management requirements. Rule 4610 would require covered members—those with the “largest customer and counterparty exposures”—to “have and maintain sufficient liquidity on a current basis” at all times. The purpose of Rule 4610 is to “ensure that members…
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Employment Protections Expand Under The Pregnant Workers Fairness Act

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On June 27, 2023, the EEOC began accepting charges under the Pregnant Workers Fairness Act (“PWFA”). The PWFA requires “covered employers” to provide “reasonable accommodations” to a worker’s known limitations arising from pregnancy, childbirth or other related conditions, unless doing so would impose an undue hardship on the employer. With more than 30 states and…
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Building Material Warranties Not Held At Gunpoint In Alabama

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The construction of a structure encompasses many different areas that often are not realized until a party is subject to litigation arising from the construction. Litigation can often bring to light certain warranties that attach to building materials or products that make up a newly constructed structure. Common warranties potentially impacting parties to litigation arising…
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