DOL reopens the floodgate to liquidated damages in wage and hour investigations

The Department of Labor's breakup with liquidated damages in wage and hour investigations lasted only four years. Late last week, the agency announced that it would again seek liquidated damages (an amount equal to the unpaid wages themselves) in investigations, undoing a  policy change made by the Trump administration. According to the DOL, it will "return to pursuing liquidated damages from employers … in its pre-litigation investigations provided that the Regional Solicitor of Labor or the...
Tags: Law, Labor, Trump, DOL, Department of Labor, Wage And Hour, Jon Hyman, WHD, Chris Gallagher, Rsol

CLE Diversity Quotas Prohibited In Florida

The Florida Supreme Court amended its CLE rules to add the last sentence Course approval is set forth in policies adopted pursuant to this rule. Special policies will be adopted for courses sponsored by governmental agencies for employee lawyers that... [Author: Legal Profession Prof]
Tags: Florida, Law, Florida Supreme Court, Legal Profession Prof

Remand In Fee Dispute Among Attorneys

The Washington State Court of Appeals Division One remanded a fee dispute between two attorneys Two attorneys, Harish Bharti and Stephen Teller, associated to represent Ruhul Kayshel on a discrimination case and a wage and contract class action case against... [Author: Legal Profession Prof]
Tags: Law, Billable Hours, Legal Profession Prof, Washington State Court of Appeals, Harish Bharti, Stephen Teller, Ruhul Kayshel

Coronavirus Update 4-15-2021: OSHA finally gets real about Covid safety

Consider the following Covid safety and health violations OSHA recently uncovered at a Massachusetts tax preparation business.Employees and customers were prohibited from wearing face coverings in the workplace despite a statewide mask order that mandated the business to require employees and customers to wear masks.Employees were required to work within 6 feet of each other and of customers for multiple hours while not wearing face coverings.Adequate means of ventilation in the workplace were ...
Tags: Law, Boston, Massachusetts, OSHA, Jon Hyman, Nathan Dumlao, Galen Blanton, COVID, Prevention Programs

In Beachwood

A stayed one-year suspension has been imposed by the Ohio Supreme Court On March 2, 2018, at approximately 2:00 a.m., Strauss was driving southbound on I-271 in snowy conditions when he rear-ended a Beachwood police cruiser parked on the side... [Author: Legal Profession Prof]
Tags: Law, Strauss, Beachwood, Ohio Supreme Court, Legal Profession Prof, Bar Discipline & Process

Affidavit with Nude Photos Draws Reprimand

A reprimand has been ordered by the Alberta Law Society Hearing Committee for what the panel called a "novel situation" involving an attorney retained by the husband in an action involving his common law partner The Husband later expressed concern... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, Alberta Law Society Hearing Committee

Get Mad Not Even

An attorney's response to an unfavorable on-line google review drew a public censure from the Tennessee Board of Professional Responsibility. The former client had included his name in the review. The response details about the former client, including health and... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, Tennessee Board

The Taint Remains

The New Jersey Appellate Division affirmed a disqualification where the prospective client had consulted with the lawyer many years ago The parties never married, but shared a long-term, romantic relationship from approximately June 2000 to March 2013. During this time,... [Author: Legal Profession Prof]
Tags: Law, New Jersey Appellate Division, Legal Profession Prof


The New Hampshire Supreme Court has ordered the interim suspension of an attorney charged with felony falsification of physical evidence and misdemeanor tampering with public records or information. From a press release of the state Department of Justice Deputy Attorney... [Author: Legal Profession Prof]
Tags: Law, New Hampshire Supreme Court, Legal Profession Prof, Bar Discipline & Process

Car Trouble

The Ohio Supreme Court has imposed an indefinite suspension of an attorney for two criminal incidents. From the report of the Board of Commissioners on Grievances and Discipline On February 17, 2005, Respondent and a male companion were en route... [Author: Legal Profession Prof]
Tags: Law, Ohio Supreme Court, Board of Commissioners, Legal Profession Prof, Bar Discipline & Process

Austin PD won't disavow 'paramilitary' culture in its academy; Dallas cops caught using unauthorized facial recognition tech; police reform in Houston hits a dead end; and other stories

Here are a few odds and ends that merit Grits readers' attention while mine is focused elsewhere. Consultant: Austin PD still embraces 'paramilitary' culture Austin's police academy retains a "predominantly paramilitary model," consultants Kroll and Associates found, and their training staff lacks diversity. "For the most part, Kroll has found APD reluctant to incorporate a lot of community/civilian input and distrustful of non-police personnel." Changes so far sound largely cosmetic: "there is ...
Tags: Texas, Maryland, Law, Austin, New Jersey, Dallas, New Mexico, Houston, Gizmodo, Apd, Fort Worth, San Antonio, Tarrant County, Lone Star State, Gutierrez, River Oaks

Dental Practice Survives Motion to Dismiss on COVID-19 Claim

    The insured dental practice survived a motion to dismiss its business interruption claim arising from closures due to the coronavirus pandemic. Derek Scott Williams PLLC v. Cincinnati Ins Co ., 2021 U.S Dist. LEXIS 37096 (N.D. Ill. Feb. 28, 2021).      On March 22, 2020, the Texas governor issued an order postponing all elective surgeries and non-emergency medical dental procedures. The insured dental practice complied with the order and did not resume normal business operations until May 4...
Tags: Texas, Insurance, Cincinnati, Tred Eyerly, Business Interruption, First Party Insurance, Cincinnati Ins, COVID-19, Derek Scott Williams PLLC

Dreams dreamed, now the trick is to make it all happen — black nebula carrots and all.

FROM THE EMAIL: Sarah from VA writes: Is it OK to try and do a cafe-type post via e-mail? Well, I'm going to try! I'm excited for your garden! I'm weirdly interested in the fact that you're planting wheat and barley. Are they going to be primarily ornamental grasses or are you actually planning on harvesting? Does Meade have grand plans for baking a loaf of bread Little-Red-Hen-style?  I spent hours and hours this week putting in some raised beds in our yard. You'd think my kids had no toy...
Tags: Photography, Law, Plants, Va, Sarah, Meade, Ann Althouse, Sarah from VA

What Would I do? I Enjoy This Stuff.

The New York Times’ Robin Pogrebin ninety-two year old, famed architect Frank Gehry, given his age and accomplishments, had he considered taking a break or scaling back. He dismissed the idea. “What would I do? I enjoy this stuff.” With a sense of pride, Gehry added he “has now reached a point in his career where he has the luxury of focusing on what matters to him most: projects that promote social justice.” In reponse to a similar question from Scott Pelley of 60 Minutes, Bruce...
Tags: Bruce Springsteen, Law, Uncategorized, United States, New York Times, Frank Gehry, Springsteen, Robin Pogrebin, Scott Pelley, Gehry

Inconsistencies between new video of shooting of Adam Toledo and the police reports

Still from Chicago Police body camera footage from the Civilian Office of Police Accountability's (COPA). Civilian Office of Police Accountability The police report about a Chicago police officer who killed 13-year-old Adam Toledo was released on Thursday. The incident report claimed the teenager was an imminent threat who ignored commands. Body cam footage shows that Toledo turned around and raised his hands before he was shot. See more stories on Insider's business page. Less tha...
Tags: Law, Trends, Cnn, Chicago, Npr, Police Shooting, Charles Davis, Toledo, John Doe, Stillman, Copa, Civilian Office of Police Accountability, Civilian Office of Police, Adam Toledo, Ruben Roman, Eric Stillman

Let me give you some snippets of comments added to posts from the last 2 days.

These are taken out of context, possibly to amuse you as is, but really to give me something to put a link on, so you can click back and read. 1. "He strikes me as a recognisable type: the 19th century equivalent of a trust fund socialist." 2. "For every 100 people who fly, 100 could die in an airplane crash." 3. "That's like promising to put a mouse turd into a double batch of oatmeal cookies." 4. "Of course for the media more riots would be beneficial, more clicks, more exciting footage of bur...
Tags: New York, Law, Aclu, Vance, Dick Clark, Maria Callas, Ann Althouse, Callas, Tompkins County, Scranton Joe, Althouse comments community

Police reports falsely state 13-year-old Adam Toledo was an adult and a dangerous threat

Still from Chicago Police body camera footage from the Civilian Office of Police Accountability's (COPA). Civilian Office of Police Accountability A Chicago police officer who killed 13-year-old Adam Toledo claimed he had shot an adult. The incident report also claimed the teenager was an armed, imminent threat, who ignored commands. Body cam footage shows the report's claims to be false. See more stories on Insider's business page. Less than a second. That's the time betwe...
Tags: Law, Trends, Cnn, Chicago, Police Shooting, Charles Davis, Toledo, Stillman, Copa, Adam Toledo, Eric Stillman, Chicago s Civilian Office of Police Accountability

Workers in insecure jobs twice as likely to die of Covid, TUC research finds

Those with no sick pay and fewer rights, such as many care workers and delivery drivers, at higher riskCoronavirus – latest updatesSee all our coronavirus coverageWorkers on zero-hours contracts and other insecure jobs are twice as likely to have died of Covid-19 as those in other professions, according to a report revealing stark inequalities in the workplace.The research from the Trades Union Congress in England and Wales showed those on the frontline of the pandemic, such as care workers, nur...
Tags: Health, Business, Politics, England, Wales, Society, UK News, Trade unions, TUC, Zero-hours contracts, Trades Union Congress, Coronavirus, Covid TUC

Hmmm, That’s Not Money — See Also

Associates Want Cold, Hard Cash: Not an elaborate RV trip by firm executives. Other Tokens Of Appreciation That Are Not Money? Hats and succulents. Katten Knows: What associates want (money, it's always money). Is This An Actual, Strategic Supreme Court Idea? From Democrats? Wow. Chauvin Defense Rests:
Tags: Law, Katten, See Also, Actual Strategic Supreme Court Idea

"Azaria, who is White..."

Is he?I'm trying to read the WaPo article, "Hank Azaria apologizes for playing Apu on ‘The Simpsons’ for three decades." I've already blogged about this apology, so I'm not rehashing that. I just want to focus on the unsupported assertion that Azaria "is White." If Azaria is White, maybe Apu is also White. The question whether people from India are white has been litigated in the United States. From Wikipedia's article "Racial classification of Indian Americans":  Throughout much of the early 2...
Tags: Supreme Court, Greece, Law, Wikipedia, India, New York City, Immigration, US, America, Spain, United States, Aclu, Queens, Jack, The Simpsons, White

"Mr. Jacobs’s parody of the Great American Songbook prompted Irving Berlin and a group of song publishers representing the work of Cole Porter, Rodgers and Hammerstein and others to sue..."

"... Mad’s parent company, E.C. Publications, for copyright infringement. At issue was 'Sing Along With Mad,' a pullout section published in 1961 that consisted entirely of song parodies by Mr. Jacobs and Larry Siegel. Among them were 'Louella Schwartz Describes Her Malady' (a lampoon of Berlin’s 'A Pretty Girl Is Like a Melody') and 'The First Time I Saw Maris' (a spoof of Jerome Kern and Oscar Hammerstein II’s 'The Last Time I Saw Paris'), about the commercialization of the Yankee slugger Ro...
Tags: Law, Wikipedia, Berlin, Poetry, America, Copyright, Paris, Jfk, Mad magazine, Craig, Gavin Newsom, Kay, Jacobs, Hammerstein, Ethel Rosenberg, Yankee

"Congressional Democrats will introduce legislation Thursday to expand the Supreme Court from nine to 13 justices..."

NBC News reports.The Democratic bill is led by Sen. Ed Markey of Massachusetts and Rep. Jerry Nadler of New York, the chair of the House Judiciary Committee. It is co-sponsored by Reps. Hank Johnson of Georgia and Mondaire Jones of New York. The Supreme Court can be expanded by an act of Congress, but the legislation is highly unlikely to become law in the near future given Democrats' slim majorities, which include scores of lawmakers who are not on board with the idea. President Joe Biden has...
Tags: New York, Supreme Court, Law, Congress, Massachusetts, Court, Nbc News, Georgia, Joe Biden, Rob, Biden, House Judiciary Committee, Markey, Congressional Democrats, Ed Markey, Sen Ed Markey

"Expect campaign rivals to pounce on the contradictions, while the eloquent Vance will try talk his way around it — banking on the fact that Ohio twice went for a populist billionaire."

From "J.D. Vance tells associates he plans to run for Senate in Ohio" (Axios). Vance made his name as an author [of "Hillbilly Elegy"], but he's made his career as a venture capitalist, backed by many of the coastal billionaires he now plans to rhetorically run against.FROM THE EMAIL: Mike writes: Well, I suppose that Vance’s putatitve opponents can point out that Vance is now a venture capitalist. But if Scranton Joe can point back to his relatively impoverished roots, Vance can make an eve...
Tags: Law, Senate, Joe Biden, Ohio, John Kasich, Mike, Vance, Ann Althouse, J.D. Vance, 2022 Elections, Scranton Joe, Mike (the commenter, Ivy League Law School, Post Office Whoever

Associate Salaries Are COVID Proof

The pandemic didn't have a negative impact on junior associate salaries -- quite the opposite.
Tags: Money, Law, Trivia Question of the Day, National Association for Law Placement (NALP


 I can never remember the name of this flower.   It's Helleborus. It looks a lot like another flower I have trouble remembering, Ranunculus. Ridiculous! I end up referring to it as "Homunculus," which I know is wrong, but amuses me to say. In truth, a "homunculus" is... ... a representation of a small human being. Popularized in sixteenth-century alchemy and nineteenth-century fiction, it has historically referred to the creation of a miniature, fully formed human.... The homunculus first ap...
Tags: Science, Law, Wikipedia, History, Flowers, Chris, Caroline, Arcanum, Ann Althouse, Paracelsus, Caroline (the commenter, Chris (the commenter, Etzel Pass, Einsiedeln Schwyz, Texas Helleborus, Cf Walker Percy

Bill to enlarge the Supreme Court faces dim prospects in Congress

Four congressional Democrats introduced legislation Thursday to expand the number of seats on the Supreme Court from nine to 13, but party leaders in both the House and Senate immediately threw cold water on the plan. Expanding the size of the court – once a fringe idea – has become a rallying cry for many liberal Democrats who remain angry about how Republicans handled Supreme Court nominations in 2016 and 2020. Under Majority Leader Mitch McConnell, the Senate refused to give a confirmation h...
Tags: Featured, Supreme Court, Law, Obama, Congress, Senate, Massachusetts, Georgia, Joe Biden, House, Mitch McConnell, Nancy Pelosi, Bill, Biden, Jones, Senate Judiciary Committee

New LinkSquares Features Include Help Honing In On GDPR, HIPAA, And Other Key Issues

Linksquare’s new Strategic Values are dedicated lists of values for LinkSquares customers to use to quickly track and uncover insights, respond to business needs or create custom reports or dashboards.
Tags: Technology, Law, HIPAA, Linksquare

What Are You Doing Post Pandemic?

The mental health issues that creep in or slap you upside the head make you consider your choices.
Tags: Law, Careers, In-House Counsel, Jill Switzer, Coronavirus, COVID-19, Ih-House Counsel

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