Code of Federal Regulations

  • Retail Salespeople Paid On Commission Are Entitled To Overtime And Sunday Pay, Massachusetts SJC Says

    “On May 8, 2019, Massachusetts' highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays.” See Article.

    May 21, 2019 7:54 PM

  • CA Court of Appeals rules on applicability of Penal Code section 1381 in a proceeding in which the trial court imposed a specific sentence on defendant, suspended execution of that sentence, and placed defendant on probation

    Last week, the California Court of Appeals held that Penal Code section 1381, which provides that “a criminal defendant who is sentenced to a crime has a right to demand that he be brought to trial and sentenced within 90 days in any other ‘pending... criminal proceeding,’ anywhere in the state, in which he ‘remains to be sentenced,’” does not apply to a proceeding in which the trial court imposed a specific sentence on defendant, suspended execution of that sentence, and placed defendant on probation. See Decision.

    May 21, 2019 7:51 PM

  • Fourth Circuit Rejects 'Good Faith' As Defense To Copyright Infringement

    “The U.S. Court of Appeals for the Fourth Circuit ruled [recently] that "good faith" is not a defense to copyright infringement, reversing a district court's grant of summary judgment to defendant and remanding the case for further proceedings consistent with the appellate court's decision.” See Article.

    May 21, 2019 7:48 PM

  • Ninth Circuit: Dynamex 'ABC' Test Unquestionably Applies Retroactively

    “A panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in Vazquez et al. v. Jan-Pro Franchising Int'l., Inc., on May 2, 2019, holding that the recently adopted, three-pronged "ABC" test used to determine independent contractor status under California's Wage Orders operates retroactively.” See Article.

    May 21, 2019 7:46 PM

  • 8th Circuit rejects the argument that a NTA that does not contain the time and place of removal proceedings is not valid

    On May 17, the 8th Circuit Court of Appeals rejected the argument that “a notice to appear (NTA) that, does not contain the time and place of his removal proceeding is not valid, and ‘a court utilizing such a notice fails to obtain subject matter jurisdiction at its inception.’” See Decision.

    May 21, 2019 7:44 PM

  • California Court Of Appeal Holds That Employers May Use Fictitious Business Names On Wage Statements

    “California Labor Code section 226(a) mandates nine categories of information to be displayed on wage statements issued to employees, including ‘the name of the legal entity that is the employer.’ How California employers can meet this obligation has been the subject of heavy litigation over the years. In Savea v. YRC Inc., the California Court of Appeal answered this question in part and for the time being. The court held that an employer's use of a recorded and valid fictitious business name on its wage statements satisfies the requirement to identify the name of the legal entity that is the employer.” See Article.

    May 21, 2019 7:41 PM

  • U.S. House passes H.R. 5

    On Friday, May 17, the U.S. House voted to pass H.R. 5. “This bill prohibits discrimination based on sex, sexual orientation, and gender identity in areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation.” See Bill.

    May 21, 2019 7:37 PM

  • Virginia High Court: Auto Maintenance Exclusion Means What it Said

    “The Virginia Supreme Court ruled that an insurer doesn't have to pay for injuries to a customer who was injured by tire that exploded while it was inflated, and handed business owners another reason not to allow customers in the garage where mechanics work. In a unanimous decision, the high court on Thursday overturned a circuit court decision and found that Doswell Truck Stop's commercial liability policy specifically excluded injuries caused by maintenance of any ‘auto.’” See Article.

    May 21, 2019 7:34 PM

  • Environmental Law

    Issue number #49-1 (January 2019) of publication Environmental Law is now available

    May 21, 2019 6:05 AM

  • Montana Business Quarterly

    Issue number #57-1 (March 2019) of publication Montana Business Quarterly is now available

    May 21, 2019 6:05 AM

  • California CPA

    Issue number #87-9 (May 2019) of publication California CPA is now available

    May 21, 2019 6:05 AM

  • Real Estate Weekly

    Issue number #64-27 (May 2019) of publication Real Estate Weekly is now available

    May 21, 2019 6:05 AM

  • The Humanist

    Issue number #79-3 (May 2019) of publication The Humanist is now available

    May 21, 2019 6:05 AM

  • Florida Bar Journal

    Issue number #93-3 (May 2019) of publication Florida Bar Journal is now available

    May 21, 2019 6:05 AM

  • Diverse Issues in Higher Education

    Issue number #36-6 (May 2019) of publication Diverse Issues in Higher Education is now available

    May 21, 2019 6:05 AM

  • Louisiana Court: Law Doesn't Prohibit Forum Selection Clause in Commercial Policy.

    “The Louisiana Supreme Court has determined that state law does not expressly prohibit a clause in a commercial property insurance policy that specifies that any coverage dispute ending up in litigation must be heard in a forum, or venue, named in the policy. The high court made that determination in Creekstone Juban I, L.L.C. v. XL Insurance America, Inc., a case that concerns a dispute over claims related to flood damage to commercial property in Louisiana.” See Article.

    May 20, 2019 10:20 PM

  • Trump Administration Appeals District Court Order On Pay Data

    “The Trump Administration has appealed a District Court decision ordering the Equal Employment Opportunity Commission to collect pay data from employers by September 30, 2019. In announcing the appeal on its website, the EEOC advised employers that the appeal did not affect the September due date. The Department of Justice filed the notice of appeal on May 3, 2019. A day earlier, the EEOC had announced that it would collect 2017 and 2018 pay data beginning in mid-July and that employers had until September 30 to submit the pay data.” See Article.

    May 20, 2019 10:16 PM

  • U.S. Supreme Court overrules Nevada v. Hall

    On May 13, the U.S. Supreme Court overruled Nevada v. Hall and held that “States retain their sovereign immunity from private suits brought in courts of other States.” See Decision.

    May 20, 2019 10:12 PM

  • Georgia Gov Suspends Insurance Commissioner Beck Over Indictment.

    “Georgia Governor Brian Kemp has suspended Insurance Commissioner Jim Beck from his position while he faces a 38-count indictment from a federal grand jury. On May 16, Kemp issued an executive order suspending Beck, effective immediately.” See Article.

    May 20, 2019 10:11 PM

  • Missouri legislators pass bill banning abortion after 8 weeks

    On May 17, the Missouri legislature voted to pass HB126. This legislation, if signed by the governor, would prohibit abortions after 8 weeks with an exception for medical emergencies. See Bill.

    May 20, 2019 10:11 PM

  • Fed Circuit Rules ITC Decisions On Trademark Issues Do Not Have Preclusive Effect In District Court

    “[Recently], the Federal Circuit held that the International Trade Commission's decisions "pertaining to trademark infringement or validity are not entitled to preclusive effect in the district courts." See Article.

    May 20, 2019 10:10 PM

  • California Federal Court Finds Plaintiff Failed To Adequately Allege That Slack-Fill Did Not Serve A Functional Purpose

    “The Hon. Philip S. Gutierrez of the Central District of California recently dismissed a class-action complaint filed against Boulder Brands USA, Inc. (Defendant). Mark Cordes (Plaintiff) filed the action under California's Consumer Legal Remedies Act (CLRA), Cal. Civ. Code §§ 1750, et seq., alleging that the amount of "slack-fill" (the empty space inside a product's container) in Defendant's Glutino Gluten Free Fudge Covered Pretzels (the Product) deceives consumers into believing the opaque packages contain more pretzels than they actually do.” See Article.

    May 20, 2019 10:09 PM

  • SC Appeals Court Holds Insurance Does Not Cover Damages Arising From Sewage Odors

    “The South Carolina Court of Appeals has recently joined a growing number of states that have classified foul odors as pollutants and, therefore, excludable from insurance coverage.” See Article.

    May 20, 2019 10:08 PM

  • Georgia Bar Journal

    Issue number #2019 (January 2019) of publication Georgia Bar Journal is now available

    May 18, 2019 2:48 PM

  • The New American

    Issue number #35-8 (April 2019) of publication The New American is now available

    May 18, 2019 11:19 AM

  • New content

    A resource has been added Appraisal Journal

    May 18, 2019 3:19 AM

  • EPA Seeks Comments On Draft Interim Recommendations For Addressing Emerging Contaminants PFOA And PFOS In Groundwater

    “EPA has released its Draft Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonate (PFOS) for public review and comment as part of the Agency's PFAS Action Plan commitments...The 45-day public comment period will close on June 10, 2019.” See Article.

    May 17, 2019 9:21 PM

  • President Trump signs “Executive Order on Securing the Information and Communications Technology and Services Supply Chain”

    On May 15, President Trump signed an Executive Order on “Securing the Information and Communications Technology and Services Supply Chain.” The order prohibits the use, acquisition, transfer, installation, etc. “by any person, or with respect to any property, subject to the jurisdiction of the United States, where the transaction involves any property in which any foreign country or a national thereof has any interest...” See Executive Order.

    May 17, 2019 9:20 PM

  • HHS Finalizes Rule Requiring Disclosure Of Prescription Drug Prices On Television

    “The United States Department of Health and Human Services finalized a new rule that requires most television commercial advertising for prescription drugs to disclose their list prices. The rule will go into effect in July...Specifically, the rule requires that, when advertising prescription drugs that are covered by Medicare or Medicaid on television (which includes broadcast, cable, streaming, and satellite), the commercial must disclose on-screen the drug's list price for a thirty day supply or typical course of treatment. The rule does not require the disclosure of prices, however, when the price is less than $35.” See Article.

    May 17, 2019 9:19 PM

  • President Trump reveals plan to modernize the immigration system

    On May 16, President Trump unveiled his plan to modify immigration to the United States. He noted on the changes being made to the physical border and also discussed legal changes. President Trump stated that he would like to change the percent of highly skilled immigration from 12 percent to 57 percent and reducing those admitted by random chance. See Statement.

    May 17, 2019 9:18 PM