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Florida Will Not Allow Insurance Holders to be Indemnified for “Ill-Gotten Gains”

The United States Court of Appeals for the Eleventh Circuit recently affirmed the United States District Court for the Southern District of Florida’s decision against allowing insurance holders to be indemnified for “ill-gotten gains.” Sabal Insurance Group provided workers’ compensation and general liability insurance to Quality Aircraft Services (QAS), paid for by Miami-Dade Aviation Department…

Another 1.2 Million Workers to be Eligible for Overtime Pay Under New Dept. of Labor Rules

After five years of debate and litigation, the United States Department of Labor has finally announced its new overtime rules, and an estimated 1.2-million workers are expected to become eligible for overtime pay who do not qualify under present rules. The new overtime exemption rule published on September 24 sets a new annual salary threshold…

Cyberinsurance Policy Considerations

The concept of purchasing cyberinsurance to insure against cyber threats seems fairly simple at first glance. Many companies fear the financial costs and reputational harm that often results from a cyber security breach and seek to mitigate these risks through insurance. However, the actual usage of cyber insurance tends to raise a lot of questions,…

New Digest of Equal Employment Opportunity Law Issued by EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) has published online the newest edition of its federal sector Digest of Equal Employment Opportunity Law (EEO Digest), which is now available on the EEOC’s website at https://www.eeoc.gov/federal/digest/vol_2fy19.cfm. The issue is dated Fiscal Year 2019, Volume 2, April 2019. “It is important for our stakeholders to know what…

Pay Disclosure Data Must be Filed with EEOC in September

Florida employers with more than 100 employees are required to file pay data for 2017 and 2018 with the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. Technically known as “EEO-1 Component 2” data, it is now required nationally for qualifying EEO-1 filers. The EEO-1 report is a compliance survey mandated by federal statute…

New U.S. General Aviation Rules Proposed

The ‘‘PLANE Act of 2019,’’ short for “Promoting the Launch of Aviation’s Next Era Act of 2019’’ (S.2198), was introduced in the U.S. Senate on July 22 by U.S. Senators James Inhofe (R-Oklahoma) and Angus King (I-Maine). Actions within the general aviation industry promoted as part of the PLANE Act include the following: Enhance legal…

Active Shooter Training for Employers

The tragic events at the Walmart in El Paso, Texas and the nightlife district in downtown Dayton, Ohio in early August are causing many employers to review their plans for active shooter training. Walmart maintains a mandatory active shooter training program, according to insurance industry reports. Safety training at the giant retailer has evolved from…

Ransom-Wary

As an information security professional with DLD Lawyers, cybersecurity threats often keep me up at night. One of those threats, ransomware, has been receiving a large amount of press lately for claiming public victims in Georgia and our own corporate home state of Florida. Ransomware is a kind of malicious software, or malware, that uses…

Claims for Intentional Infliction of Emotional Distress

From an early age, every child learns some variant of the Golden Rule: do unto others as you would have them do unto you. This is, or should be, the starting benchmark for human interactions. As everyone reading this article knows, however, people are rude, mean, and simply jerks towards one another every day. Oftentimes…

The Curious Matter of the Disappearing Talc Cases

Remember the frustration, the anger even, the last time that you lost a dollar in a vending machine – the clunk of coins followed by silence and suspended disbelief. Did you thump the machine, or even shake it in the hopes that something would break free? Remember that feeling, and then multiply it 4.7 billion…

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