On August 26, 2022, a putative class action brought on behalf of over 100 employees of a healthcare clinic, challenging the clinic’s policy requiring that its employees either receive COVID-19 vaccines or be tested twice weekly for the virus, was dismissed by the U.S. District Court for the Middle District of Pennsylvania. The court rejected the claim that the employer’s COVID-19 vaccination and testing requirements constituted religious discrimination.

Providence Partner Gregory Tumolo will present a live webinar on pay equity, hosted by the Rhode Island Society of Certified Public Accountants (RISCPA) on October 5 at 10:00 a.m. ET.

Hartford Managing Partner Angeline N. Ioannou and San Francisco Partner Pamela M. Ferguson will take part in the upcoming Crittenden Insurance "Telemedicine, A.I. & Technology Disruption" Conference hosted at the Omni San Diego Hotel from September 21 to 23.

Businesses are constantly targeted by criminals attempting to gain access to information that will allow them to fraudulently divert wire transfers. This fraud often occurs after the criminal has compromised the email account of someone in the company who can approve such transfers, taking over communications with customers and vendors. This exploit has become a multibillion-dollar criminal business model. But can those funds be recovered? And how can you protect yourself from such attacks?

New Orleans Associate Mariela Cruz was recently named an Advisory Committee Member on the United States Commission on Civil Rights for the State of Louisiana. She joins the 56 Advisory Committees that help the organization with a broad perspective on civil rights concerns at the state and local levels.   

On August 30, 2022, the California legislature sent Senate Bill 1162 (SB 1162) to the desk of Governor Gavin Newsom. If signed into law, SB 1162 will impose two general obligations upon California employers: (1) to include a job position’s pay scale or salary range in any corresponding job posting or advertisement, and (2) to publish annual pay data reports.

Phoenix Partner Gregg E. Clifton recently spoke with Law360 for an article titled, “Minor League Baseball Union Is ‘Game Changing,’ Experts Say,” which discusses the implications of the recent unionization of Minor League Baseball.

Chicago Partner Mary A. Smigielski recently spoke with the Cybersecurity Law Report (CSLR) for an article titled, “Shaping the BIPA Landscape: Avoiding Liability.” The article, which is the second of a two-part series, details practical steps that companies can take to avoid liability under the Illinois Biometric Information Privacy Act (BIPA).

Weirton Partner Michelle L. Gorman recently secured a significant victory on behalf of a family law attorney in a legal malpractice matter when a jury returned a verdict in favor of Lewis Brisbois’ client.

Lewis Brisbois is pleased to be celebrating National Hispanic Heritage Month this year from September 15 through October 15. In honor of this month of recognition, we look forward to sharing a series of spotlight posts featuring our Hispanic American colleagues reflecting upon the importance of this month and mentorship within the Hispanic and legal communities.

Albuquerque Partner Jessica D. Marshall will present on two panels at the State Bar of New Mexico’s Employment and Labor Law Institute on September 16.

The New Jersey Supreme Court’s recent decision in East Bay Drywall, LLC v. Department of Labor and Workforce Development, Docket No. A-7-21 (August 2, 2022), provides guidance as to the perils that may arise when businesses misclassify workers as independent contractors rather than employees. Under the state’s Unemployment Compensation Law (UCL), the “ABC Test” is used to determine whether certain workers are properly classified as employees or independent contractors. See N.J.S.A. 43:21-19(i)(6)(A)-(C). The court’s new decision is significant because it held that a contractors’ establishment of a separate corporate structure through which to render services may not suffice to establish independent contractor status under the ABC Test.

Despite a California employer having an arbitration agreement that satisfies all the requisite factors set forth by the state’s Supreme Court in Armendariz v. Foundation Health Psychcare Services, Inc., often times an employee will attempt to challenge the method in which the arbitration agreement was presented to them in order to invalidate the agreement and ensure the case remains in court. Here are some tips for California employers to consider when presenting an employee with an arbitration agreement.

Los Angeles Partner Jessica L. Beckwith will present a CLE session on legal ethics, hosted at Delta Colonial Hotel in Helena on September 24 at 8:00 a.m. MT. 

Lewis Brisbois is pleased to welcome two accomplished litigators – Stephen M. Capriotti, Jr. and Liza Stagliano – to its Philadelphia office. Both partners are members of the firm’s Toxic Tort & Environmental Litigation, Class Action & Mass Tort, Asbestos Litigation, and Life Sciences Practices.