On June 30, 2023, an Illinois federal district court ruled on post-judgment motions in Rogers v. BNSF Railway Co. and vacated the $228 million damages award entered in the first Illinois Biometric Information Privacy Act (BIPA) case to proceed to trial.

On June 8, 2023, the Supreme Court issued a groundbreaking decision in Health and Hospital Corporation of Marion County v. Talevski, No. 21-806 by holding an individual may pursue a private right of action for alleged violations of the Federal Nursing Home Reform Act of 1987 (FNHRA).

On June 29, 2023, the Washington Supreme Court issued its decision in Alaska Airlines v. State of Washington Department of Labor & Industries. This case concerned the Washington Family Care Act, a statute that entitles employees to unpaid leave to care for sick family members.

A group of Chinese citizens and a real estate brokerage firm are suing the State of Florida over the state’s new law that restricts foreign investment in Florida real estate from specific countries, and enacts a near ban on purchases by Chinese, Russian, and other foreign nationals.

Title VII of the Civil Rights Law of 1964 generally requires employers to accommodate individuals’ religious beliefs. However, employers are not obligated to do so where the accommodation would impose an undue hardship on their business operations. In 1977, the U.S. Supreme Court held that employers could avoid having to provide an accommodation if doing so would impose “more than a de minimis cost” or burden. Trans World Airlines v. Hardison, 432 U.S. 63, 84 (1977). The decades that followed have seen copious litigation about what more than de minimis means in this context.

On June 20, 2023, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced an enforcement action against Swedbank Latvia AS, headquartered in Riga, Latvia (Swedbank Latvia or the Bank).

On June 6, 2023, the Public Company Accounting Oversight Board (PCAOB) announced the proposed implementation of sweeping new rules for the purpose of strengthening the detection and prevention of fraud in financial reporting. As PCAOB Chair Erica Y. Williams explained, “By catching and communicating noncompliance sooner, auditors can help companies course correct and better protect investors from risk.” PCAOB states that it bases its new rules on the fact that they found a year-over-year increase in the number of audit deficiencies dating back to 2021, and that since 2022, they found an increase in comment forms highlighting bad trends in audit quality.

Nevada’s minimum wage will increase effective July 1, 2023. For the period covering July 1, 2023 through June 30, 2024, the minimum wage rate for Nevada employees is $10.25 per hour if the employee is offered qualifying health benefits, and $11.25 per hour if the employee is not offered qualifying health benefits. 

Following up on our Client Alert from June 28 regarding Mallory, it should also be emphasized that Justice Alito was the fifth and deciding vote on Parts I and III-B of the Court’s limited majority opinion reaffirming Pennsylvania Fire, but wrote his own special concurrence explaining that he would have held “general jurisdiction by registration” statutes unconstitutional on other grounds—specifically, the Dormant Commerce Clause.