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A. IN SHELL V. BURLINGTON NORTHERN SANTA FE RAILWAY, A FEDERAL DISTRICT COURT SUGGESTED THAT LIABILITY COULD ATTACH WHERE AN EMPLOYER REGARDING AN AN OBESE INDIVIDUAL AS DISABLED IN VIOLATION OF THE AMERCIANS WITH DISABILITIES ACT (ADA) We know that the American public is becoming more obese. ...

A. Now that you have decided upon your specific loan its time to understand the SBA loan process. In my last blog, we identified the three kinds of loans currently offered by the Small Business Administration (SBA). Now that you have decided which loan best suits your companys financial needs, ...

A. THERE ARE CURRENTLY THREE DIFFERENT SBA LOANS OFFERED TO SMALL BUSINESSES.  For many of our small business owner clients, a Small Business Administration Loan (SBA) is a great alternative to funding through the usual lending channel of a bank or credit union. The loans are long-term in nature...

A. The great state of Minnesota has got more than just a lot of lakes. It is currently legal to make contact with someones clothed backside and not suffer any legal penalty. Minnesota, Minnesota. Land of many lakes, home to the Mall of America, and birthplace of Scotch Tape and Betty Crocker. N...

A.The American workplace is now reaping the fallout from a drug infested society. Last fall, economist Alan Krueger of Princeton University found that there is a direct connection between opiod prescription rates and declines in labor forces. One would expect these connections are only found in ...

A. VARIOUS MEDIA OUTLETS HAVE REPORTED OVER THE PAST WEEK THAT THE DALLAS MAVERICKS FACE MULTIPLE CLAIMS OF HOSTILE WORKPLACE AND SEXUAL HARASSMENT. As if the Dallas Mavericks of the National Basketball Association didnt have enough problems already. The team is at the bottom of the NBA  standi...

A. IN TODAYS CORPORATE WORLD, EMPLOYEES ARE FINDING SEEKING RELATIONSHIPS AND SOMETIMES EXPERIENCING FALLOUT FROM THOSE RELATIONSHIPS. 1.THE BACKGROUND. Today, the workplace has become an opportunity not only to gain increased job status and economic wealth but an opportunity to find the lo...

1.In Latner v. Mount Sinai Health System, Inc. the Second Circuit Federal Court of Appeals decided that a health care system has the right to send " robo" texts reminding its patients about getting flu shots without violating the TCPA. Last month, in Latner v. Mount Sinai Health System, the Second Circuit...

On April 2, 2018, An Act Establishing the Massachusetts Pregnant Workers Fairness Act( PWFA)becomes law. With this new law comes new protections to pregnant workers in the Commonwealth by providing additional safeguards for pregnant workers who are seeking workplace accommodations due to thei...

A.THE ABBEY INN AND SUITES OF NASHVILLE, INDIANA DOES THE UNTHINKABLE On December 15, 2017, the State of Indiana Attorney General filed suit against the Abbey Inn and Suites of Nashville, Indiana. In a nutshell, here is what happened: Katrina Arthur and her husband were guests at the Abbey Inn i...

MAKE SURE YOUR COMPANY FOLLOW THESE NEWEST REGULATIONS. In response to decisions by certain federal appellate courts, the United States Department of Labor has discarded its six-part test for determining whether interns and students are employees under the Fair Labor Standards Act. Under the pri...

Part 2: Understanding potential liabilities associated with alcoholic consumption at employer-sponsored events and what to do about it. While an employers potential liability for injuries caused by employees who consume alcohol at company holiday functions varies from state to state, possible t...

PART 1: A CHECKLIST TO HELP EMPLOYERS AVOID THE LEGAL RISKS PRESENTED BY EMPLOYER-SPONSORED HOLIDAY PARTIES. The holidays are here and office merriment is beginning as we now enter the holiday season. Your company is now focused on the preparation and details of the upcoming big holiday office p...

Franchising Essentials Interested in franchising? First think about the cost , said David S. Katz, head attorney at Westborough based David Katz Law Group, who represents both franchisors and franchisees. “They've got to realize that it is a significant investment,” Katz said. That means get a...

Where a plaintiff has brought suit claiming to be owed money under an agreement to finance construction equipment, a judgment for the plaintiff is appropriate despite the defendant's claim that the plaintiff 's agents negotiated a new agreement. Credibility issue“The plaintiff, Wells Fargo Equip...

Where a plaintiff, having brought suit alleging that a television rented to the defendants was stolen as the result of negligence on the defendants' part, has moved to stay the proceedings pending arbitration, the motion must be allowed because the arbitration agreement is not void on public poli...

The Commonwealth of Massachusetts known for its progressive public school systems is now facing the wellpublicized deaths of two students as a consequence of systematic public school bullying. Both Carl Joseph Walker-Hoover an 11 year old African-American student at the New Leadership Charter Sch...

Apparance based lawsuits are becoming more prevalent in today's workplace. The latest national survey by the Employment Law Alliance reveals a nation deeply divided over regulating appearance in the American workplace-from weight to clothing, hairstyles to body piercing. Even as this debate inten...

This Flu Season Will Be Nothing To “Sneeze” AboutAs The Return Of The Swine Flu Raises Its Ugly Head. United States health officials are preparing intensively to combat an anticipated wave of outbreaks of the Swine or H1N1 flu this coming autumn. At present, the number of confirmed swine flu cas...

What an employer can reasonably expect when allowing an employee to usea messaging device supplied by the employer when the employee is “sexting.” Millions of Americans have used them to vote for their favorite “American Idol” candidate. Colleges and universities use them to inform students of s...

AS EMPLOYEES MAKE THEIR MARK, EMPLOYERS ARE FORCED TO COVER THEMSELVES. When it comes to tattoos and body piercings the workplace norm has shifted over the last number of years. According to a mid-2010 Pew Research Center Study, 12 percent of the 18 to 29 year olds otherwise known as the “Millen...

It is getting weirder and weirder out there as the legal system tries to keep up with changing mobile technologies and uses of such technologies.  A California Court just ruled that fooling around with your phone's map app while driving ought to be as illegal as texting or using the device withou...

Most forms of workplace discrimination have been barred for years thanks to state and federal protections. But in 49 states around the country, there is still one that is legal: discrimination based on weight. Last week, Atlantic County Superior Court Judge Nelson Johnson ruled in favor of Atlan...

The internship has become an intricate part of the college and post-college experience these days. Many students, both as undergraduates and graduates, find that internships can very well serve as an entrée into a potential job or further develop a particular career path. But, if you are a for pr...

Get to Know your employees before they become your employees Employee background checks have become popular with companies and hr professionals. With a rise in liability against corporations for negligent hiring, employee backgrounds checks can be a cost-effectivve tool for addressing potential ...