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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

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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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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 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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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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John Webb Speaks At Awco 2023 Annual Conference

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John Webb, Chair of LGWM’s Workers’ Compensation Practice Group, spoke at the Alabama Workers’ Compensation Organization (AWCO) 2023 Annual Conference.  The Conference took place November 2-3 in Birmingham, Alabama.  John teamed up with Dana Mattiace (Senior Claims Adjuster) with CCMSI to provide new adjuster training for approximately 30 workers’ compensation adjusters from across the United…
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Alabama Workers’ Compensation Rate Change

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Effective July 1, 2023, the maximum workers’ compensation rate payable increased to $1,084.00 per week and the minimum rate increased to $298.00 per week.

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