Chilivis Grubman LLP
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RECIPIENTS BEWARE: THE CARES ACT AND THE BIRTH OF A NEW INSPECTOR GENERAL

Apr 7, 2020 | Business Litigation, COVID-19 Related Law, General, Health Care

On March 27, 2020, President Trump signed into the law the  Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which included $500 billion for assistance to eligible businesses, states, and municipalities.  As with prior economic stimulus laws, the...

U.S. Supreme Court Upholds Class Action Waivers as Enforceable

May 30, 2018 | Business Litigation, Employment Law

On May 21, 2018, the United States Supreme Court, in a 5-4 decision in Epic Systems Corp. v. Lewis, held that arbitration agreements containing class action waivers are enforceable and do not violate the National Labor Relations Act (NLRA). This decision resolved...

U.S. Supreme Court Rejects State Rule Disfavoring Arbitration Agreements

May 19, 2017 | Business Litigation

  On May 15, 2017, the United States Supreme Court issued a 7-1 decision in Kindred Nursing Centers Ltd. Partnership v. Clark, wherein it reversed a ruling from the Kentucky Supreme Court that attempted to circumvent the Federal Arbitration Act (“FAA”).  The...

COURT UPHOLDS THEORY OF IMPLIED KNOWLEDGE OF EMPLOYEE’S NEED FOR ADA REASONABLE ACCOMMODATIONS

Nov 4, 2016 | Business Litigation, Employment Law

On October 17, 2016, in a case brought under the Americans with Disabilities Act (“ADA”), the Eighth Circuit Court of Appeals held that a disabled employee may be entitled to “reasonable accommodations,” even if she does not expressly request specific accommodations,...

SDNY Grants Summary Judgment to Employer in FLSA Minimum Wage Case Using the Second Circuit’s “Primary Beneficiary” Test

May 2, 2016 | Business Litigation, Employment Law

The Fair Labor Standards Act (“FLSA”), in pertinent part, sets a national minimum wage that employers must pay all employees who perform the kinds of activities covered by the Act.  However, although the FLSA broadly defines “employ” as “to suffer or permit to work,”...

Supreme Court Approves Use of Statistical Evidence in FLSA Collective Action Certification

Apr 5, 2016 | Business Litigation

On March 22, 2016, the U.S. Supreme Court issued its highly-anticipated decision in Tyson Foods, Inc. v. Bouaphakeo, a collective action brought under the overtime pay requirements of the Fair Labor Standards Act (“FLSA”).  The named plaintiffs in Tyson Foods were...
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