Blogs

Construction

Sign, sign, everywhere a sign (ordinance): Reed v. Town of Gilbert, the First Amendment and Signs

On June 18, 2015, the United States Supreme Court ruled in Reed v. Town of Gilbert that an Arizona town’s sign ordinance unconstitutionally regulated the content of speech posted on signs within the town. Like so many modern localities, the Town of Gilbert had adopted a sign ordinance regulating signage within the town, including the…

July 22, 2015

Employment Law

Risks of Job-Related Criminal Background Checks, Part II

Part I of this article can be found here. The Fair Credit Reporting Act Having considering the perils summarized above, an employer who still decides to use employee criminal background checks faces additional restrictions under other federal statutory provisions, namely the Fair Credit Reporting Act (“FCRA”). An employer who uses consumer reports to make employment…

July 15, 2015

Employment Law

Risks of Job-Related Criminal Background Checks, Part I

Use of employment-related background checks by employers to discover information about the work history, education, criminal record, and financial history of job applicants has become ubiquitous. In one recent survey of employers, 92% of those responding stated that they subjected all or some of their job candidates to criminal background reports. The reasons for increased…

July 8, 2015

Construction

Issues with HVAC – Part 2

Part 1 of this piece can be accessed here. Specialty Improvements As mentioned above, the law is evolving to place greater obligations on landlords with respect to maintenance and repair. The landlords strike back by including onerous provisions in their commercial lease forms. Maintenance and repair of specialty improvements is no different. The form lease…

July 8, 2015

Bankruptcy, Restructuring and Creditors’ Rights

To Stay Clear of Stay Violations, Action May be Required

The automatic stay, imposed (automatically, of course) by the filing of a voluntary bankruptcy petition, is the most fundamental of protections offered by the Bankruptcy Code. The stay, governed by 11 U.S.C. § 362 , is designed to provide debtors with a “breathing spell” from creditors and the opportunity to liquidate or reorganize under the supervision of the bankruptcy court. It bars not only the commencement of any action against the bankruptcy debtor to collect debts, but also the…

July 2, 2015

Business and Financial Services

USDC Weighs in on Tortious Interference

True love had unintended consequences, resulting in the case of Stradtman v. Republic Services , which remains pending in the United States District Court for the Eastern District of Virginia. Shortly after Stephen Stradtman was named CEO of Otto Industries North America (“Otto”) the company’s business began to expand. This boom in Otto’s business seemed directly attributable to Otto’s relationship with Republic Services, Inc., a waste management business and major purchaser of the plastic…

July 2, 2015

Employment Law

DOL Releases Proposed FLSA Overtime Regulation Amendments

The Department of Labor (DOL) has just released its long-awaited Notice of Proposed Rulemaking to the white collar exemption under the Fair Labor Standards Act (FLSA). The amendments, if passed, will significantly increase the minimum salary test (from $23,660 to $50,440) for hours worked over 40 in a work week. The amendments will have far-reaching…

July 1, 2015

Construction

Issues with HVAC – Part 1

Disputes over specialized tenant improvements or exclusive heating and air conditioning systems are common in commercial leasing. Landlords and tenants often argue over maintenance and repair obligations, or whether or not such specialized tenant improvements can remain on the premises upon the expiration of the term or if tenant is obligated to remove the alterations…

July 1, 2015

Employment Law

Employer Risks in Using Employment-Related Criminal Background Checks

Use of employment-related background checks by employers to discover information about the work history, education, criminal record and financial history of job applicants has become ubiquitous. In one recent survey of employers, 92% of those responding stated that they subjected all or some of their job candidates to criminal background checks. The reasons for increased employer reliance on criminal background checks are straightforward – to control theft and fraud and address heightened…

July 1, 2015

Employment Law

Upcoming FLSA Changes & Shrinking of the White Collar Exemption: Now is the Time to Reassess Compliance and Update Your Policies

In response to a directive from President Obama, the Department of Labor (DOL) has been working since Spring 2014 to revise the white collar exemption under the Fair Labor Standards Act (FLSA). The revisions are expected to significantly increase the minimum salary test and the primary duties test. What does the FLSA provide for and…

June 29, 2015