In a recent mandamus opinion, the Texas Supreme Court resolved a split in opinion among the Texas Courts of Appeals as to when a corporate representative deposition of an uninsured motorist (UIM) insurance carrier is appropriate. Previously, the Corpus Christi and San Antonio Courts of Appeals permitted such depositions, but both Houston Courts of Appeals held them impermissible.

In an unfortunate and costly shift for employers, the California Supreme Court ruled last week that meal and rest period premiums must be paid at employees’ regular rate of pay, rather than employees’ straight hourly wage. The California Labor Code already made explicitly clear that calculation of employees’ overtime wages must be at employees’ regular rate of pay. Unlike a straight hourly wage, the regular rate of pay includes all remunerations employees received during the applicable pay period, including non-discretionary incentive compensation and bonuses, shift differentials, commissions, mandatory service charges, meals provided to employees, and the like.

In reaction to the United States Supreme Court’s decision in Bostock v. Clayton County, which held that the prohibition against sex discrimination in Title VII of the Civil Rights Act of 1964 extends to employment discrimination on the basis of sexual orientation or gender identity, the Equal Employment Opportunity Commission (EEOC) has provided its own informal guidelines outlining workplace protections for LGBTQ employees and job applicants.

Lewis Brisbois' New York office has been gaining significant traction in getting transportation cases dismissed on the basis that the plaintiff did not sustain a “serious injury” within the meaning of New York Insurance Law section 5102(d). This alert outlines three recent cases won by Lewis Brisbois attorneys on these grounds.

Transportation industry insiders have known for quite some time that the industry has been in crisis and under immense pressure. The increased demands from commerce have butted up against burdensome regulations and oversight, a nationwide driver shortage, and rising operating costs. The industry has been desperate for help, and it finally came in the form of Texas House Bill 19 (HB 19).

As noted in our May 13 Client Alert, New York recently enacted the Health and Essential Rights Act (HERO Act), which mandates extensive new workplace health and safety protections to prevent workplace exposure to airborne infectious diseases. Shortly thereafter, amendments were signed into law on June 11, 2021.

On July 9, 2021, President Biden signed an “Executive Order on Promoting Competition in the American Economy.” According to a Fact Sheet released in advance of the signing, the Executive Order takes “decisive action to reduce the trend of corporate consolidation, increase competition, and deliver concrete benefits to America’s consumers, workers, farmers, and small businesses.” 

Last week, in North Carolina Department of Environmental Quality v. Federal Energy Regulatory Commission, the Fourth Circuit Court of Appeals suggested that Congress did not intend for the states, or tribes, to take final action on Clean Water Act (CWA) Section 401 applications within a year of filing.