On behalf of Berenzweig Leonard, LLP | Jul 31, 2019 | Employment & Labor Law
Recent Court Decisions Attempt to Clarify Status and Futures of “Gig Workers” A recent string of legal decisions regarding workers in the “gig economy”, the free market system in which temporary positions are common, point to control as the crux of their...
by John W. Polk | May 6, 2019 | Employment & Labor Law
Biestek v. Berryhill, Acting Commissioner of Social Security, ___ U.S. ___, No. 17-1184 (1 April 2019). For many years, Michael Biestek was a construction worker. Because of the rigors of the work, he developed medical problems: degenerative disc disease, Hepatitis...
by John W. Polk | Apr 2, 2019 | Employment & Labor Law
Nielsen v. Preap, ___ U.S. ___, No. 16-1363 (19 March 2019) If the government arrests an alien, because the government believes that the alien is in the United States illegally and therefore deportable, then generally the alien may apply for release on bond or parole...
by John W. Polk | Mar 25, 2019 | Employment & Labor Law
Dawson v. Steager, ___ U.S. ___, No. 17-419 (20 February 2019) In McCulloch v. Maryland, 4 Wheat. 316 (1819), the Supreme Court invoked the Constitution’s Supremacy Clause to invalidate Maryland’s attempt to tax the Bank of the United States. Chief Justice Marshall...
by Nick Johnson | Mar 14, 2019 | Employment & Labor Law
Despite growing national attention and even certain state legislative action, many states continue to allow employers to widely use non-compete agreements that restrict an employee from competing against the employer’s business. These restrictive covenants generally...
On behalf of Berenzweig Leonard, LLP | Nov 14, 2018 | Employment & Labor Law
Mount Lemmon Fire District v. Guido, ___ U.S. ___, No. 17-587 (6 November 2018) Age Discrimination in Employment Act (ADEA) Faced with a budget shortfall, Mount Lemmon Fire District, a political subdivision in Arizona, laid off its two oldest full-time firefighters....
On behalf of Berenzweig Leonard, LLP | Oct 23, 2018 | Employment & Labor Law
Quisenberry v. Huntington Ingalls Incorporated, ___ Va. ___, No. 171494 (11 October 2018) Negligence, duty of care, recognizable risk of harm, asbestos dust From 1942 to 1977, Bennie Quisenberry worked for Newport News Shipbuilding and Dry Dock, now known as...
On behalf of Berenzweig Leonard, LLP | Jul 26, 2018 | Employment & Labor Law, Government Contracts
On Friday, July 27th from 8-10 am, Berenzweig Leonard, LLP will be hosting a panel discussion on the impact Bid Protests have on HR Strategy. The discussion will cover upcoming legislation, the impact that bid protests have on the workforce, and HR strategy. Panelists...
On behalf of Berenzweig Leonard, LLP | May 31, 2018 | Business Litigation, Employment & Labor Law
Epic Systems Corp. v. Lewis, ___ U.S. ___, No. 16-285 (21 May 2018) This is an important case that will impact the use of arbitration to litigate disputes between employers and their employees. The decision concerns three consolidated cases that differ in detail but...
On behalf of Berenzweig Leonard, LLP | Jan 26, 2018 | Employment & Labor Law
In Artis v. District of Columbia, the U.S. Supreme Court issued a 5-4 decision with a significant impact on both employers and employees when it held that any statute of limitations on an employee’s state law claims are suspended during the pendency of a federal law...
