Skip to main content

Legal

Americans With Disabilities Act: What are employer obligations during the COVID-19 pandemic?

The Americans with Disabilities Act, or ADA, requires that employers make reasonable accommodation for employees with disabilities, unless it creates undue hardship. This will have implications for employers during the COVID-19 pandemic. 

First Look at the CARES Act

The Cares Act economic provisions include broad assistance and incentives to shore-up businesses and institutions impacted by the COVID-19 pandemic.

Damages Waivers

When faced with negotiating damages waivers, it is critical to recognize the language used and what it tries to capture. That way, if a breach occurs, the parties are not forced to rely on what a judge believes falls within the broad legal definitions of damages.

Are Your Claims Covered?

Recently there has been a change in the commercial general liability insurance marketplace that upends normal expectations. 

Contractor or Employee?

There is a battle in most states these days regarding how to define when an independent contractor is actually an employee. It is a battle that involves politics, legislatures and voters. And for companies misclassifying workers there are real risks of penalties, fines and even criminal charges.

Beware of Boilerplates

Boilerplate terms can lead to uncertain commitment that, if left unaddressed, results in gaps where liability can arise, or contractual rights are limited. Addressing these gaps at the time of contracting is essential.   A recent court decision from the Court of Appeals for Indiana, A House…

Online Recruitment

Social media is a powerful recruiting tool. It is estimated that upwards of 80 percent of companies currently use social media platforms when recruiting prospective employees. While social media provides information and exposure for those looking to hire and those looking for jobs, the…

Temp Workers

When using temporary labor from staffing companies or labor pools, clearly define the roles and responsibilities of the primary employer and the host employer. Not doing so could result in a joint-employer status and thus joint liabilities. Like many trades, glass and glazing companies find…

User Beware

Software is king. Today’s business environment relies on global platforms that are available to all users on an instantaneous basis. This environment is most obvious in the modern growth of “Software as a Service,” or SaaS. The range of SaaS offerings includes things used every day, such as…

The Risks of Innovation

For many years glass and glazing were considered passive participants in a building’s performance. Innovation is changing that approach. Today, the use of glass in active and dynamic energy management systems is growing. Now, glazing integrates variable opacity and shading elements that are…