Resources
Client Alerts

Employee Race, Ethnicity, and Gender Data Due to EEOC by May 31, 2019; Employee Pay Data Due by September 30, 2019

Employers with 100 or more employees, and federal contractors who have 50 or more workers and contracts worth $50,000 or more, have until May 31, 2019 to provide the Equal Employment Opportunity Commission (“EEOC”) data regarding the number of employees they have by job category, race, ethnicity, and gender for the 2018 calendar year (“Component 1 data”).

by Shannon Antle Hamilton and Rachel Dix Bishop May 01, 2019
Client Alerts

Groundhog Day? Supreme Court Strikes Down Class Arbitration Efforts...Again

In what finally may prove to be the effective death knell for most efforts to pursue class-wide arbitration, a closely-divided United States Supreme Court has now held that a party cannot be required to arbitrate claims on a class-wide basis unless the arbitration agreement clearly contemplates such a possibility.

by Chadwick A. McTighe, Marjorie A. Farris, and Sarah Cronan Spurlock April 30, 2019
Client Alerts

Kentucky General Assembly Approves Electronic Recording and Notarization

The General Assembly recently passed Senate Bill 114 into law, which will reform Kentucky’s recording and notary laws in two significant ways: county clerks will soon be able to record real estate deeds, mortgages and other documents electronically, and notaries public will be able to notarize real estate documents electronically and remotely.

by Mina N. Khalil and Richard A. Vance April 09, 2019
Client Alerts

A Costly Reminder to Continually Re-Evaluate Your IP

The patent process can be frustrating and often involves a significant investment of time and money. As such, it may be tempting to assume that when the Patent Office issues a patent it is safe to assert your rights therein. However, as noted in a recent decision from the District Court for the District of Delaware, doing so may leave you on the hook for attorney’s fees.

by Sean P. Ritchie March 21, 2019
Client Alerts

Mandatory Arbitration, Shortened Statutes of Limitations, and Background Checks for Employees? You Bet!

In October 2018, the Kentucky Supreme Court issued a far-reaching opinion voiding all Kentucky employer-employee arbitration agreements which were made a condition of an individual’s employment. On March 13, 2019, however, the Kentucky Legislature rejected that opinion, passing a bill that not only claws back the ruling but significantly expands employers’ options for imposing conditions on the employer-employee relationship.

by Rebecca A. Weis March 14, 2019
Client Alerts

DOL's New Overtime Rule Sets FLSA Exemption Threshold at $35,308 Annual Salary

On March 7, 2019, the U.S. Department of Labor unveiled its Notice of Proposed Rulemaking (“NPRM”) recommending a scaled-back compromise to a controversial 2016 Obama-era overtime rule.

by Rachel Dix Bishop, Shannon Antle Hamilton, and Rebecca A. Weis March 08, 2019
Client Alerts

Subcontractor’s Written “Expressions and Complaints” Demonstrate Disapproval, but Fail to Achieve Written Notice of Additional Costs

On February 4, 2019, the U.S. District Court for the District of Maryland in Hagen Constr. Inc. v. Whiting-Turner Contracting Co., No. JKB-18-1201, 2019 BL 36862 (D. Md. Feb. 4, 2019), held that written “expressions of frustration” and “general complaints” made by a subcontractor regarding alleged project mismanagement were insufficient to sustain a labor inefficiency claim for additional project costs against the general contractor.

by Jamie F. Little March 08, 2019
Client Alerts

'Waters of the United States' What Next? Proposed 2019 Trump Administration WOTUS Rule

The latest iteration to replace the 2008 Rapanos Guidance and 2015 WOTUS Rule with a satisfactory definition of Waters of the United States was formally presented to the country on February 14, 2019 when the agencies published the Trump Administration’s Proposed Rule: “Revised Definition of Water of the United States” (“Proposed Rule”).

by William T. Gorton III March 07, 2019