ArticleSmall, Rural Providers To Benefit In Latest Round Of COVID-19 FundingAs the COVID-19 pandemic rages, hospitals and other providers struggling to provide care may soon be able to receive extra funding. United StatesFood, Drugs, Healthcare, Life SciencesPhelps Dunbar LLP
ArticleU.S. Department Of Labor Issues Updates To Allowable Charges For Seasonal FarmworkersOn March 24, the Federal Labor Certification Program (FLCP) announced updates to the annual allowable charges for meals and travel subsistence...United StatesImmigrationPhelps Dunbar LLP
ArticleFederal Court In North Carolina Dismisses Unfair And Deceptive Trade Practices Claims Against InsurerA federal court in North Carolina held that recitation of the statutory language of the Unfair and Deceptive Trade Practices Act (UDTPA) is insufficient to make a claim without also alleging...United StatesInsurancePhelps Dunbar LLP
ArticleFederal Court In Oklahoma Grants Summary Judgment For Insurer Following Coverage Dispute And Bad-Faith Litigation Addressing Claimant's Status As An "Insured" Under PolicyA federal district court in Oklahoma rejected a property owner's suit against an insurer for damage to its property because the owner was no longer a named insured at the time of its loss.United StatesInsurancePhelps Dunbar LLP
ArticleLouisiana Court Of Appeal Finds Heavy Workload Does Not Shield An Insurer From Statutory Penalties For Delayed PaymentA Louisiana Court of Appeal found that an insurer's failure to pay an insured's claim for fire damage within thirty days, as required by La. R.S. §22:1892(A)(1)United StatesInsurancePhelps Dunbar LLP
ArticleFL Court Limits Employer Actions For Off-Site Marijuana UseA Florida court recently held that an employer violated the Florida Civil Rights Act (FCRA) when it suspended an employee for using medical marijuana outside of work.United StatesCannabis & HempPhelps Dunbar LLP
ArticleCan Employers Bar Same-Race Slurs Without Violating Title VII? At Least One Court Says SoEmployers often discipline—or even terminate—employees who use racial slurs at work. United StatesEmployment and HRPhelps Dunbar LLP
ArticleCourt Rules Certain Job Protections For NLRB Judges Unconstitutional: What Employers Need To KnowIn a recent decision, a federal judge held that the removal procedures for the National Labor Relations Board's (NLRB) administrative law judges (ALJ)...United StatesEmployment and HRPhelps Dunbar LLP
ArticleEmployers Face Lawsuits Over Tobacco SurchargesEmployers sponsoring group health plans are facing increased scrutiny with a recent surge of lawsuits surrounding health plan premiums charged to tobacco users.United StatesEmployment and HRPhelps Dunbar LLP
ArticleEmployers Get Answers On FMLA Leave For Employees With Mandatory OvertimeThe Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take 12 "workweeks" of unpaid, job-protected leave for specified family and medical reasons...United StatesEmployment and HRPhelps Dunbar LLP
ArticleFederal Court Strikes Down FL Workplace Training RestrictionsThe U.S. District Court for the Northern District of Florida permanently blocked a provision of Florida's Individual Freedom Act (IFA) on July 26.United StatesEmployment and HRPhelps Dunbar LLP
ArticleFirings Leave NLRB In Limbo, Signal Reboot Of Labor Law EnforcementIn overnight firings, President Donald Trump terminated the Democrat-appointed chair of the National Labor Relations Board (NLRB) and its general counsel. One of the terminations was unexpected. United StatesEmployment and HRPhelps Dunbar LLP
ArticleNLRB Rules Mandatory Captive-Audience Meetings UnlawfulThe National Labor Relations Board (NLRB) decided on Nov. 13 that an employer violates Section 8(a)(1) of the National Labor Relations Act when compelling employees "on pain of discipline or discharge"...United StatesEmployment and HRPhelps Dunbar LLP
ArticleServing In The Footsteps Of Martin Luther King, Jr.Brandon Davis, a partner in the Firm's New Orleans office, joined Alpha Phi Alpha Fraternity, Inc. when he was an undergraduate at Loyola University New Orleans.United StatesEmployment and HRPhelps Dunbar LLP
ArticleTX Federal Court Vacates Transgender Accommodations In EEOC Enforcement GuidanceA federal court in Texas struck down certain transgender protection provisions contained in the Equal Employment Opportunity Commission's (EEOC) 2024 Enforcement Guidance on Harassment in the Workplace.United StatesEmployment and HRPhelps Dunbar LLP
ArticleFifth Circuit Backs Trump Administration's Expansion Of Immigration Detention Without BondOn Feb. 6, a divided panel of the United States Court of Appeals for the Fifth Circuit upheld the Trump Administration's policy to detain a large class of individuals...United StatesImmigrationPhelps Dunbar LLP
ArticleUnderstanding The New $100,000 H-1B Fee: Key Implications And UncertaintiesThe recent presidential proclamation introducing a $100,000 fee for new H-1B petitions has raised many questions and concerns among employers and foreign nationals.United StatesImmigrationPhelps Dunbar LLP
ArticleGA Law Holds Insurer Liable For Consent Judgment After Refusal To DefendIn a recent decision, the 11th Circuit affirmed that a commercial general liability (CGL) policy provided coverage for an unallocated consent judgment. The case involved an insured's alleged negligence that allowed...United StatesInsurancePhelps Dunbar LLP
ArticleFlorida Imposes Mandatory 1-Year Warranty On Newly Constructed HomesEffective July 1, Florida law will require builders of newly constructed homes to provide a mandatory 1-year warranty against material construction defects. The new statute, Section 553.837, Florida Statutes...United StatesReal Estate and ConstructionPhelps Dunbar LLP
ArticleNew FL Statute Confirms Owner-Granted Easements On Commonly Owned LandHB 799 establishes s. 704.09 F.S., which permits real property owners to create servitudes, such as easements and real covenants, on the owner's real property despite the land being held in common ownership.United StatesReal Estate and ConstructionPhelps Dunbar LLP