Paul Peter Nicolai 5 days ago1 minNew York City Biometric Identifier Information OrdinanceAs part of a growing national privacy trend, a new biometrics privacy ordinance in New York City puts new limits on commercial...
Paul Peter Nicolai May 101 minTriple Damages For Delayed Wage Payments RequiredAn employer waited three weeks before paying a terminated employee for accrued vacation time. The lower court found that since the...
Paul Peter Nicolai May 31 minARBITRATION EXEMPTIONAn employee claimed her employer’s policy of not compensating merchandisers for an off-the-clock time deprived them of wages earned. The...
Paul Peter Nicolai Apr 261 minTerminating Agreement Snuffed Breach of Contract ClaimDelaware courts have decided that the plaintiff extinguished its breach of contract claims when it elected to terminate a merger...
Paul Peter Nicolai Apr 192 minBYPASSING COURT DELAYSCOVID-19 has considerably slowed the resolution of pending court cases and exacerbated many courts’ already significant backlog of cases....
Paul Peter Nicolai Apr 122 minNew Data RegulationThe regulation of data collection and its use marches on. Recent examples include: Illinois Illinois has a new law that took effect on...
Paul Peter Nicolai Apr 53 minDecision Helps Brands Pay Less per ClickHave you ever searched for a brand online only to find that the first link leads to a competitor or reseller website? This can be a...
Paul Peter Nicolai Mar 293 minBankruptcy Shield - Important Section 363 ProtectionsA Delaware bankruptcy judge reminded potential buyers or acquirers of assets from a distressed entity they have important protections....
Paul Peter Nicolai Mar 222 minUse or Lose Your Right to ArbitrateAccording to a state appellate court, a right to arbitration can be waived when brought almost two years into litigation. The court...
Paul Peter Nicolai Mar 152 minCircuit Split Widens Over ADA’s Application to WebsitesAnother federal appellate court has held that a website inaccessible to the blind does not violate the Americans with Disabilities Act...
Paul Peter Nicolai Mar 81 minMA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFULAn at-will employee fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance...
Paul Peter Nicolai Mar 11 minSECURITIES CLASS ACTION REVIVEDCarbonite launched a data backup product in October 2018. It withdrew the product from the market in July 2019 after it could not remedy...
Paul Peter Nicolai Feb 221 minPennsylvania Supreme Court Rejects Business Registration as Consent to Personal JurisdictionThe Pennsylvania Supreme Court struck down Pennsylvania’s consent-by-registration law. That law said that an out-of-state business...
Paul Peter Nicolai Feb 151 minThree-year Reservation of Lots May be a TakingA developer was required to reserve five building lots for potential municipal use for three years as a permit condition. A federal judge...
Paul Peter Nicolai Feb 82 minNY Whistleblower Protections ExpandedNY has an expanded whistleblower protection law that significantly boosts protections for private-sector employees claiming retaliation...
Paul Peter Nicolai Feb 14 minCOVID Vaccination SweepstakesIn the current environment and with the US Supreme Court knocking out the OSHA rule, employers are looking for creative ways to...
Paul Peter Nicolai Jan 251 minOTC COVID Test Coverage Required of Health PlansThe Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51...
Paul Peter Nicolai Jan 186 minAvoiding Settlement Tax ErrorsHere are some common tax fallacies involving settlements and why they are wrong. Putting the money in a lawyer-client trust account...
Paul Peter Nicolai Jan 42 minLimiting Non-CompetesWe have reported that states are restricting the operation of non-compete and other restrictive post-employment covenants. The latest...
Paul Peter Nicolai Dec 28, 20211 minMASS ADOPTS FLSA JOINT EMPLOYER TESTThe Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...