McLean, VA

The 2022 Artisan/Construction Defect Law Review addresses certain issues in this class of business by reviewing applicable statutes where they exist in addition to common law developments in each of the 50 states and the District of Columbia.

Both houses of Congress have passed H.R. 4445, an amendment that restricts employers from forcing sexual harassment and sexual assault claims into arbitration. The Bill gives individuals alleging sexual harassment or sexual assault the right to void pre-dispute joint-action waivers and proceed in the appropriate court or agency under federal, state or tribal law.

Insurers should be aware of the holding by the Northern District of Illinois in one of the first decisions concerning the duty to defend insureds for COVID-19 claims under a commercial general liability policy. The opinion also has implications far beyond COVID-19 claims under such policies, and this broad interpretation may apply with respect to other claims seeking injunctive relief.

Significant changes in Virginia’s employment laws will become effective on July 1, 2020. Employers should take time to familiarize themselves with these new laws and seek advice where necessary.

The U.S. Supreme Court has held in no uncertain terms that a statutory violation of Title VII occurs where an employer terminates an employee merely for being gay or transgender because the termination decision intentionally relies in part on an employee’s sex.

The publication provides a summary of the national responses of the United States, the United Kingdom, Canada, New Zealand and Australia, along with some of the issues they raise for employers.

Our Q&A document reviews laws and local guidance, discusses workplace safety and other issues that may arise when workers return from furlough & addresses “frequently asked questions” from the employer perspective.

The document answers questions posed by employers who are navigating an uncertain business environment and advises on new state and federal regulations.

Wilson Elser has compiled information on the state laws in all 50 states and the District of Columbia with respect to certain key issues that employers must or may need to address in terminating or reducing their workforce during the COVID-19 pandemic.

An invaluable resource regarding so-called “apology laws,” the 2019 Medical Provider Expressions of Sympathy Comparative Law Review presents an overview of statutes addressing the admissibility of medical providers’ statements or expressions of sympathy, as well as supplemental information for consideration in states and territories without laws or statutes regarding such expressions.

The U.S. Department of Labor has withdrawn its 2015 and 2016 Administrative Interpretations regarding joint employment and independent contractors, which many businesses had argued were unduly burdensome on employers. While an attempt to limit the expansive definition of “employment,” this move does not relieve companies of their legal obligations under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.   

Newly issued guidance and changes to Equal Employment Opportunity Commission regulations are designed to facilitate employer-sponsored wellness programs, a worthy benefit for employers and employees alike. However, employers who sponsor such programs must be in complete compliance with complex legal requirements to avoid liability under federal legislation. 

Since the 1980s, the National Labor Relations Board has followed a definition that requires joint employers to exercise “direct and immediate” control over the terms and conditions of employment. Finding that this standard has failed to keep pace with changes in the workplace and economic circumstances, the Board has issued a decision that may have far-reaching implications for any company that uses contractors, including large franchisors, which may now be required to bargain with the unionized employees of their franchisees.

Wilson Elser is pleased to provide the 2015 ESI Case Law Update, our annual compendium of cases dealing with issues and developments surrounding electronically stored information (ESI). Today, it is a rare case that does not involve the preservation and management of ESI, and your knowledge of the tools and regulations could mean the difference between sanctions and compliance.

Effective March 27, 2015, employers will be required to allow FMLA leave for an employee in a legal same-sex marriage, provided that the employee was married in a state or country where same-sex marriage is recognized. Employers should ensure that management and human resources staff are aware of the regulatory change and that FMLA policies are in compliance with the new rule.

The “no pet” policy under the Fair Housing Amendments Act and section 504 of the Rehabilitation Act applicable to recipients of financial assistance from HUD may be subject to modification upon review of HUD’s April 2013 Guidance on “assistance animals.”

Wilson Elser's 2014 ESI Case Law Update is ready for review.  The ESI Caes Law Update recaps those ESI cases that will likely have the greatest impact on you, your business and how you prepare for and defend civil litigation.

The West Virginia Supreme Court of Appeals decided that two instances of carbon monoxide exposure that happened in two different apartments in the same apartment complex during the same general time frame and from the same furnace constituted one occurrence, and were subject to a single limit of liability.

In West Virginia, when the first named insured negotiates – and in fact specifically requests – a policy provision, then such provision will likely be enforceable against any other insureds under the policy or potential third-party beneficiaries, even if such parties are unaware of the existence of the provision in question.

Foreseeability alone may not be sufficient to trigger a duty to warn, especially in cases involving manufacturers and suppliers of asbestos-containing products. Now, courts will need to consider the feasibility and burden of providing warnings to household members.

The 2013 ESI Case Law Update recaps those ESI cases that will likely have the greatest impact on you, your business and how you prepare for and defend civil litigation.

The Virginia Supreme Court rejected an insured’s rehearing bid and again ruled that the damages in a global warming suit allegedly stemming from the intentional emission of greenhouse gases did not arise from a policy-defined “occurrence.”

In The AES Corp. v. Steadfast Ins. Co., the Virginia Supreme Court focused its opinion on what constitutes an accident and what are the “natural and probable consequences” of actions. The Court may have chosen a high-profile litigation theme such as global warming to clearly articulate that, at least in Virginia, liability insurance is designed to cover only losses caused by “true accidents.”