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…

Daubert

All interesting and complicated cases involve battles of the experts, persons whose education, experience, skill, and training provides knowledge not within the ken of the common man. For a plaintiff, a skilled expert can illuminate a pathway of causation that is both manifest and clear. For a defendant, a skilled expert can reveal the fallacies…

Janet L. Dhillon, Corporate Lawyer, New Chair of the EEOC

After a two-year delay, President Trump’s nominee, Janet L. Dhillon, has finally been sworn in as Chair of the U.S. Equal Employment Opportunity Commission (EEOC) in Washington, D.C. Dhillon, 57, was first nominated by President Trump on June 29, 2017, to one of the Republican seats on the Commission. She finally was confirmed by the…

Employers Required to Report Additional EEO Pay Data by September 30, 2019

A federal judge has ordered private employers with one hundred or more employees to start reporting for the first time their employees’ W-2 annual earnings and hours worked. The new requirement is part of a government campaign to improve the enforcement of federal laws prohibiting pay discrimination. The employers’ reports for 2018, reporting the pay…

U.S. Labor Department Proposes New Overtime Pay Rule

The U.S. Department of Labor (DOL) has finally issued its long-awaited proposed replacement of the Obama administration’s prior and controversial overtime rule. In a Notice of Proposed Rulemaking made public on March 7, the DOL proposes to increase the minimum salary threshold required for workers to qualify for the Fair Labor Standards Act’s “white collar”…

Three Strikes and Miami Beach Minimum Wage Law is Out

The dream of former Miami Beach Mayor Philip Levine that the city should have its own, higher minimum wage law has finally crashed and burned at the newly reconstituted Florida Supreme Court in Tallahassee. By a 4-3 vote on August 29 last year, the justices had agreed to consider a discretionary appeal by Miami Beach…

Florida Minimum Wage $8.46 in 2019

While the Federal minimum wage of $7.25 hasn’t moved in nearly a decade, several states and cities have set their own higher minimum wages, and many of those are planning increases in 2019. In the District of Columbia the new minimum wage is $14.00 an hour. In Florida, the minimum wage is going up 21…

EEOC Reports Increase in “#MeToo”-inspired Sexual Harassment Complaints

The “#MeToo” national wave of women’s sexual harassment complaints has left a noticeable mark on the workload of the U.S. Equal Employment Opportunity Commission. Charges filed with the EEOC regarding sexual harassment by both men and women alleging workplace discrimination increased by 13.6 percent during fiscal year 2018, which ended on September 30, over the…