On February 26, 2018, the U.S. Court of Appeals for the Second Circuit in a 10-3 decision concluded that the prohibition against sex discrimination established in Title VII of the Civil Rights Act, includes sexual orientation. The case, Zarda v. Altitude Express, Inc., No. 15-3775, concerns a skydive instructor who alleged he was terminated after […]
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NLRB Vacates Hy-Brand Decision; Browning-Ferris Joint Employer Test Back in Effect
A little over two months ago, we reported that the National Labor Relations Board (“NLRB”) overruled the Browning-Ferris joint employer test in a case called Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co. Under Browning-Ferris, companies faced greater responsibility for the employment practices of their contractors and franchisees. In turn, Hy-Brand limited the circumstances in […]
Passport Revocation for Seriously Delinquent Tax Debt
In 2015, Congress passed the Fixing America’s Surface Transportation (FAST) Act, which requires the State Department to deny an individual’s passport application and revoke or limit an individual’s passport if the IRS has certified to the State Department that the individual has a “seriously delinquent tax debt.” After several years of non-enforcement, the IRS appears […]
That Doesn’t Belong to You
With the relative informality of limited liability companies (“LLCs”), it can be very easy for LLC members to fall into the trap of thinking that the company’s assets are their own. I find this happens often with restaurant clients, with the members starting to look at the restaurant’s food, wine, and spirits as things they […]
Self-Driving Technology Case Illustrates Importance of Trade Secrets
A federal jury trial is underway in San Francisco, which is the culmination of a trade secret battle between Uber and Waymo (a Google owned company) related to self-driving technology. A jury will hear the case in federal district court about whether Uber misappropriated eight trade secrets from a former Google engineer. The case illustrates […]
Seattle-Based Zillow Under Fire in New Jersey Federal Court
Zillow Group, the Seattle-based online real estate database and creator of its proprietary “Zestimate” home valuation estimation algorithm, is being sued in the U.S. District Court for the District of New Jersey. Plaintiff EJ MGT LLC is alleging that the Zestimate is an inaccurate estimation tool, and that Zillow has violated antitrust laws by entering […]
Raids and Employment Verifications: An Employer’s Guide to Prepare for ICE Visits
On January 10th, U.S. Immigration and Customs Enforcement (“ICE”)[1] agents targeted nearly 100 7-Eleven stores nationwide in search of undocumented workers. The raids at the 7-Eleven stores are the result of the Trump Administration’s efforts to increase raids and compliance investigations. It comes as no surprise, therefore, that employers should take proactive measures in order […]
Essential Considerations for Short-Term Rental Operators
Rentals for vacationers and travelers through platforms such as Airbnb, VRBO, HomeAway, and Vacasa have seen a surge in popularity over the past few years, and offer an alternative to the traditionally available options like hotels, resorts, and hostels. With the increase in consumers seeking alternative options, more and more property owners are embracing the […]
New Seattle City Ordinances Impose Restrictions on Short-Term Rental Operators
Over the course of the past several years, an enormous market for short-term and vacation rentals through platforms such as Airbnb, VRBO, HomeAway, and Vacasa has developed across the U.S. and worldwide. Operators of these short-term rentals range from homeowners and hosts renting out a spare bedroom, mother-in-law unit, or apartment, to larger operators renting […]
NLRB Overrules the Browning-Ferris Joint Employer Test
On December 14, 2017, the National Labor Relations Board (“NLRB” or “Board”) limited liability in employment law cases by heightening the standard for what constitutes a joint employer. In its 3-2 decision, the NLRB overruled its 2015 decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (“Browning-Ferris”)[1] and abandoned the Obama-era expansion […]