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Changes to State Civil Rights Statutes: The Continued Increase of Employment Liability Risks
Franchisors probably know that workplace discrimination is 'against the law.' But, as business owners who could suffer the consequences of a real or imagined violation, they probably don't know enough. What types of discrimination are prohibited? Who enforces these laws, and what are the consequences if you fail to comply? Does the size of your business play a factor in determining the level of risk? And do rights and obligations vary from state to state and locality to locality? A review of the state of Maryland's recent changes to its Fair Employment Act provides an excellent illustration of these issues ' and should give business owners such as franchisors and franchisees a greater understanding of how the system works.
A Primer on Civil Rights Laws
The issue of employment discrimination is largely governed by federal, state, and (sometimes) local statutes. The most famous of these statutes are Title VII of the Civil Rights Act of 1964 ('Title VII'), 42 U.S.C. '2000e et seq., which prohibits discrimination (including harassment) based on characteristics such as race, sex, national origin, and ethnicity; the Americans with Disabilities Act ('ADA'), 42 U.S.C. '12101 et seq., which prohibits discrimination based on disability; and the Age Discrimination in Employment Act ('ADEA'), 29 U.S.C. '621 et seq., which provides similar protections against age-based discrimination. These statutes are federal laws that apply throughout the country, regardless of the state in which the employee works. Their application is limited, however, to those employers that have a certain minimum number of employees: Title VII and the ADA cover only those employers that have 15 or more employees for a substantial portion of the year, whereas the ADEA requires a minimum of 20 employees.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?