On September 1, 2018, New Jersey’s Complex Business Litigation Program (“CBLP”) officially took effect and an entire new set of procedural rules designed to streamline case management, Discovery, and motion practice in complex construction cases became operative. These rules, which are found in a new Chapter XI within Part IV of the New Jersey Rules […]
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Blog Title: Cullen and Dykman’s Blogs
U.S. Department of Education Releases Proposed Title IX Regulations
November 21, 2018
On November 16, 2018, U.S. Secretary of Education Betsy DeVos released sweeping new regulations that could substantially alter how colleges and universities handle allegations of sexual misconduct. This action comes in the wake of DeVos’ 2017 revocation of Title IX guidance issued under the Obama administration, which had called for greater enforcement of Title IX, […]
Construction Litigation Group Secures Summary Judgment on Major New York Construction Lawsuit
October 31, 2018
The Construction Litigation Group has secured a complete dismissal of a New York Labor Law personal injury suit where the injured Plaintiff claimed 5 surgeries, over $3 million in lost wages and a total damages claim including pain and suffering of over $6 million dollars. The suit was brought by an iron worker Plaintiff represented […]
Starbucks and its Changing Policies Regarding Mandatory Training and Bathroom Usage
May 30, 2018
On May 29, 2018, Starbucks closed 8,000 company-owned stores within the United States for one afternoon to provide mandated racial bias training to its 175,000 employees. The decision to provide racial bias training came forth after a manager of Starbucks called the police when seeing two black enter their Starbucks located in downtown Philadelphia without […]
What is the PAID Program? How Can it Affect Employers? Resolution or Trap?
April 4, 2018
On March 6, 2018, the U.S Department of Labor’s Wage and Hour Division announced a nationwide pilot program, the Payroll Audit Independent Determination (PAID) program. PAID allows employers to self-assess potential wage and hour underpayments under the Fair Labor Standards Act (FLSA) while helping to protect themselves against litigation threats from the Department of labor […]
EEOC Sues Nursing Center for Pregnancy Discrimination
March 26, 2018
The U.S. Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against Century Care of Laurinburg, Inc., doing business as Scottish Pines Rehabilitation & Nursing Center (“Scottish Pines”) for sex discrimination alleging that the center failed to accommodate two pregnant nursing assistants. According to the EEOC’s lawsuit, in November 2014, Mary Jacobs, was placed on unpaid […]
Former Yale Student Found Not Guilty in Rape Trial
March 26, 2018
A New Haven, Connecticut jury recently found a former Yale University student not guilty of raping his classmate. This much publicized case is among the small percentage of campus sexual misconduct cases that have actually made it to trial. In 2015, Yale University student, referred to as Jane Doe, accused Saifullah Khan of raping her […]
When Must an Employer Compensate its Employees for Time Spent Donning and Doffing?
March 23, 2018
Donning and doffing refers to changing into and out of work clothes, gear, or equipment. To don means to put on work clothes, gear, or equipment. To doff means to take off work clothes, gear, or equipment. While both federal and state laws require that employers compensate employees for all “work” performed, both federal and state […]
How Will The Tax Cuts and Jobs Act Affect Executive Compensation?
March 23, 2018
On December 22, 2017, President Trump enacted The Tax Cuts and Jobs Act (the “Act”) which included significant changes to the tax laws regarding executive compensation. Executive compensation is defined as financial payments and non-monetary benefits provided to high-level management, this may include but is not limited to corporate presidents, chief executive officers, chief financial […]
Proposed Bill Would Require College and University Presidents to Review Sexual Misconduct Claims
March 6, 2018
Bipartisan legislation announced recently in the U.S. Senate would hold campus leaders accountable for sexual abuse cases involving college and university employees. The proposed bill, the Accountability of Leaders in Education to Report Title IX Investigations Act (“Alert Act”), would require all presidents, and at least one other member of the institution’s governing board, to […]