Sessions Law http://www.sessions-law.com/news-resources/ recent posts en-us Fri, 02 Dec 2022 03:27:20 -0600 Overtime Pay, To Boot: 9th Circuit Rules Computer Log-In Time is Compensable http://www.sessions-law.com/news-resources/overtime-pay-to-boot-9th-circuit-rules-computer-log-in-time-is-compensable/ The Fair Labor Standards Act (FLSA) sets overtime rules that appear simple, but failing to determine accurately what is compensable “work” creates liability that can lead to class (collective) action suits.

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2022-10-27 11:03:30 http://www.sessions-law.com/news-resources/overtime-pay-to-boot-9th-circuit-rules-computer-log-in-time-is-compensable/
Change Your Reg. F Initial Demand Letter? Court Says No Obligation to Use Model Notice http://www.sessions-law.com/news-resources/change-your-reg-f-initial-demand-letter-court-says-no-obligation-to-use-model-notice/ In a contract dispute, not a consumer defense case, a federal trial court in Illinois just confirmed what was suspected but not entirely clear in Regulation F – the CFPB model notice is more of a suggestion than a legal requirement.

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2022-10-25 14:15:02 http://www.sessions-law.com/news-resources/change-your-reg-f-initial-demand-letter-court-says-no-obligation-to-use-model-notice/
Mishandling of Sexual Comments Complaint - Sam’s Club Pays $250,000 http://www.sessions-law.com/news-resources/mishandling-of-sexual-comments-complaint-sam-s-club-pays-250-000/ In 2019, sales floor associate Haley Harris called the Sam’s Club Global Ethics Division about inappropriate sexual comments from her co-workers.

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2022-10-13 09:01:52 http://www.sessions-law.com/news-resources/mishandling-of-sexual-comments-complaint-sam-s-club-pays-250-000/
Hair Today, Protected Class Today: State CROWN Acts Prohibit Hairstyle Discrimination http://www.sessions-law.com/news-resources/hair-today-protected-class-today-state-crown-acts-prohibit-hairstyle-discrimination/ Massachusetts has recently become the 18th state to enact a Creating a Respectful and Open World for Natural Hair (CROWN) Act prohibiting discrimination against natural and protective hair, including hair texture, hair type, and hair length.

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2022-10-05 00:00:00 http://www.sessions-law.com/news-resources/hair-today-protected-class-today-state-crown-acts-prohibit-hairstyle-discrimination/
Telephone Number Not Matching Your Locale? Court Finds Local Caller ID Strategy Could Violate FDCPA, If Collector’s Address Doesn’t Match Number http://www.sessions-law.com/news-resources/telephone-number-not-matching-your-locale-court-finds-local-caller-id-strategy-could-violate-fdcpa-if-collector-s-address-doesn-t-match-number/ Is this the new Hunstein, where a widely used practice generally accepted as compliant suddenly becomes a risk? A federal trial court in Chicago concluded that a debt collector could be violating the FDCPA when broadcasting a local area code on its Caller ID when the caller did not have a physical presence in that area.

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2022-09-27 09:41:12 http://www.sessions-law.com/news-resources/telephone-number-not-matching-your-locale-court-finds-local-caller-id-strategy-could-violate-fdcpa-if-collector-s-address-doesn-t-match-number/
The Federal 11th Circuit Rejects Hunstein But The Printer Liability Theory Is Not Dead http://www.sessions-law.com/news-resources/the-federal-11th-circuit-rejects-hunstein-but-the-printer-liability-theory-is-not-dead/ The April 21, 2021 Hunstein v. Preferred Collection and Management Services Inc. 3-judge ruling issued from the federal 11th Circuit Court of Appeals started a tidal wave of litigation. The court first found that transmitting a data file to a letter vendor could violate the FDCPA with the improper the disclosure of information about the debt to a third-party (the printer). After a 3-judge rehearing and then a very special appeal to the full 12-judge 11th Circuit during February 2022, on September 8, the court released its long-awaited decision. The Sessions Firm represented several clients in the appeal.

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2022-09-09 08:25:05 http://www.sessions-law.com/news-resources/the-federal-11th-circuit-rejects-hunstein-but-the-printer-liability-theory-is-not-dead/
Ninth Circuit Hears First Appeal Attacking Nevada S.B. 248- The Medical Debt Collection Law http://www.sessions-law.com/news-resources/ninth-circuit-hears-first-appeal-attacking-nevada-s-b-248-the-medical-debt-collection-law/ On July 1, 2021, medical collection activity stopped in Nevada because S.B. 248 became effective.  

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2022-09-06 08:48:37 http://www.sessions-law.com/news-resources/ninth-circuit-hears-first-appeal-attacking-nevada-s-b-248-the-medical-debt-collection-law/
Really!! Court Rules “Obligation” In A Settlement Letter Is A Threat That A Consumer May Be Sued http://www.sessions-law.com/news-resources/really-court-rules-obligation-in-a-settlement-letter-is-a-threat-that-a-consumer-may-be-sued/ Since the 7th Circuit released their 2014 McMahon decision, using the word “settle” or “settlement” in any settlement offer letter has exposed collection agencies to being sued. Finding an FDCPA violation, the McMahon Court ruled that the consumer could reasonably assume that “settle” was a legal term and consumers would fear being sued for the debt.

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2022-08-30 08:21:45 http://www.sessions-law.com/news-resources/really-court-rules-obligation-in-a-settlement-letter-is-a-threat-that-a-consumer-may-be-sued/
Hunstein Copycat Claim Loses All 9 Lives: NJ State Trial Court Rules- Using A Printer Is Not An FDCPA Communication http://www.sessions-law.com/news-resources/hunstein-copycat-claim-loses-all-9-lives-nj-state-trial-court-rules-using-a-printer-is-not-an-fdcpa-communication/ Courts across the country have been required to deal with the tsunami of cases filed after the 11th Circuit’s industry changing order in Hunstein v. Preferred. While we all wait for the 11th Circuit to issue its new opinion, which is expected any day now, a New Jersey state court judge recently issued a stinging rebuke of the Hunstein theory.

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2022-08-23 08:18:26 http://www.sessions-law.com/news-resources/hunstein-copycat-claim-loses-all-9-lives-nj-state-trial-court-rules-using-a-printer-is-not-an-fdcpa-communication/
Our Partners Bryan Shartle and David Clouston Honored as 2023 Best Lawyers in America! http://www.sessions-law.com/news-resources/our-partners-bryan-shartle-and-david-clouston-honored-as-2023-best-lawyers-in-america/ SESSIONS, ISRAEL & SHARTLE is delighted to announce that two of our partners, Bryan C. Shartle and David R. Clouston, have been recognized as The Best Lawyers in America for 2023. 

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2022-08-19 08:22:52 http://www.sessions-law.com/news-resources/our-partners-bryan-shartle-and-david-clouston-honored-as-2023-best-lawyers-in-america/
Be Careful What You Rely On: Washington Court Says Debt Collector’s Reasonable Reliance On Balance Amount From Creditor Not Enough To Avoid FDCPA Violation http://www.sessions-law.com/news-resources/be-careful-what-you-rely-on-washington-court-says-debt-collector-s-reasonable-reliance-on-balance-amount-from-creditor-not-enough-to-avoid-fdcpa-violation/ In Creager v. Columbia Debt Recovery, a district court judge partially granted plaintiff’s motion for summary judgment, concluding that the debt collector’s attempts to collect an unpaid apartment debt with an balance inflated because the plaintiff had forfeited her security deposit, violated the FDCPA. The information supplied by creditor/client did not protect the debt collector.

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2022-08-16 16:40:10 http://www.sessions-law.com/news-resources/be-careful-what-you-rely-on-washington-court-says-debt-collector-s-reasonable-reliance-on-balance-amount-from-creditor-not-enough-to-avoid-fdcpa-violation/
The Printer Strikes Back – Hunstein Moves To The West Coast and Gets Welcome Reception http://www.sessions-law.com/news-resources/the-printer-strikes-back-hunstein-moves-to-the-west-coast-and-gets-welcome-reception/ Though the volume of Hunstein cases has slowed significantly, cases are continuing to be brought. Surprisingly, the newer cases these days have largely been in just a few states like Florida, New York and Illinois.

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2022-06-16 11:19:03 http://www.sessions-law.com/news-resources/the-printer-strikes-back-hunstein-moves-to-the-west-coast-and-gets-welcome-reception/
The Form I-9 Is Getting A Face-Lift http://www.sessions-law.com/news-resources/the-form-i-9-is-getting-a-face-lift/ The current version of the Form I-9 expires on October 31, 2022, and the U.S. Citizenship and Immigration Services (USCIS) has announced big potential changes to the new form.  

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2022-06-16 09:06:52 http://www.sessions-law.com/news-resources/the-form-i-9-is-getting-a-face-lift/
New York Post-Judgment Interest Rate Amendment Enjoined http://www.sessions-law.com/news-resources/new-york-post-judgment-interest-rate-amendment-enjoined/ The District Court in Greater Chautauqua Federal Credit Union v. Marks has issued a preliminary injunction stopping the enforcement of New York’s recent amendment to its post-judgment interest rate.

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2022-05-02 16:59:24 http://www.sessions-law.com/news-resources/new-york-post-judgment-interest-rate-amendment-enjoined/
New Federal Law Limits Forced Arbitration of Certain Employment Disputes http://www.sessions-law.com/news-resources/new-federal-law-limits-forced-arbitration-of-certain-employment-disputes/ Last month, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Act”). The Act amends the Federal Arbitration Act to give alleged victims the choice regarding whether to arbitrate employment disputes involving sexual assault or sexual harassment.

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2022-04-28 08:42:44 http://www.sessions-law.com/news-resources/new-federal-law-limits-forced-arbitration-of-certain-employment-disputes/
Whitney White Selected to 2022 Texas Rising Stars List by Super Lawyers http://www.sessions-law.com/news-resources/whitney-white-selected-to-2022-texas-rising-stars-list-by-super-lawyers/ SESSIONS, ISRAEL & SHARTLE is delighted to announce that for the fourth year in a row Whitney White, our new partner in our Dallas Office has been named as a Rising Star in Consumer Law by Super Lawyers.

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2022-03-22 12:43:17 http://www.sessions-law.com/news-resources/whitney-white-selected-to-2022-texas-rising-stars-list-by-super-lawyers/
Attention All Employers: CDC Relaxes Mask Guidance http://www.sessions-law.com/news-resources/attention-all-employers-cdc-relaxes-mask-guidance/ The U.S. Centers for Disease Control and Prevention (CDC) relaxed its mask guidance on Friday, 2/25/22. The change could allow more than 70% of Americans to remove their face masks as long as COVID-19 hospitalizations in their region remain “low” to “medium” based on the CDC’s metrics. 

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2022-02-28 10:52:43 http://www.sessions-law.com/news-resources/attention-all-employers-cdc-relaxes-mask-guidance/
Attention California Employers: California Reinstates Supplemental COVID-19 Paid Sick Leave http://www.sessions-law.com/news-resources/attention-california-employers-california-reinstates-supplemental-covid-19-paid-sick-leave/

As most of the country taps the brakes on COVID-19 laws, California has its foot firmly on the gas pedal. Last week, California’s Governor amended Labor Code Section 248.6 by signing Senate Bill (SB) 114, which can be found here. The amended law requires employers to provide up to 80 hours of supplemental California paid sick leave for COVID-19-related reasons beginning February 19, 2022.

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2022-02-15 00:00:00 http://www.sessions-law.com/news-resources/attention-california-employers-california-reinstates-supplemental-covid-19-paid-sick-leave/
Employer Not Required to Accommodate Sporadic Attendance of “Extremely Anxious” Employee http://www.sessions-law.com/news-resources/employer-not-required-to-accommodate-sporadic-attendance-of-extremely-anxious-employee/ This week, the federal Tenth Circuit Court of Appeals affirmed dismissal of an ex-employee’s lawsuit claiming discrimination under the Americans with Disabilities Act (ADA) because her employer declined her request to “not work for half the day when she was feeling overwhelmed by her anxiety on a unilateral as-needed basis and with no advance notice to her employer.”

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2022-02-11 09:00:00 http://www.sessions-law.com/news-resources/employer-not-required-to-accommodate-sporadic-attendance-of-extremely-anxious-employee/
District Court Rejects Attempt To Enjoin Nevada’s Medical Collection Law- S.B. 248. http://www.sessions-law.com/news-resources/district-court-rejects-attempt-to-enjoin-nevada-s-medical-collection-law-s-b-248/ Remember last July when Nevada’s new medical collection bill went into effect? Under that new law, S.B. 248, debt collectors are required to send a “60-day notice” to consumers, via registered or certified mail, telling consumers that no collections will take place during this “breather.” 

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2022-02-11 08:51:35 http://www.sessions-law.com/news-resources/district-court-rejects-attempt-to-enjoin-nevada-s-medical-collection-law-s-b-248/
Meet Our Newest Partners at the Firm! http://www.sessions-law.com/news-resources/meet-our-newest-partners-at-the-firm/ At the core of SESSIONS, ISRAEL & SHARTLE'S success in nurturing long-lasting relationships with our clients is our commitment to the growth and development of our leaders for our clients. Effective January 1, 2022, Sessions is pleased to announce that Aaron Easley, Justin Homes, Brian Roth, and Whitney White joined the Firm’s leadership as Partners.

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2022-02-08 11:47:32 http://www.sessions-law.com/news-resources/meet-our-newest-partners-at-the-firm/
Employer On the Hook for “Workplace” Injury During Employee’s Quick Trip to the Store During Unscheduled, Paid Rest Break http://www.sessions-law.com/news-resources/employer-on-the-hook-for-workplace-injury-during-employee-s-quick-trip-to-the-store-during-unscheduled-paid-rest-break2/ A Pennsylvania employee was still clocked in when he crossed the street to buy a sandwich during an unauthorized rest break. While offsite during the unscheduled rest break, the employee slipped on ice, fell, and hit his head, causing serious injuries.

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2022-01-18 13:55:27 http://www.sessions-law.com/news-resources/employer-on-the-hook-for-workplace-injury-during-employee-s-quick-trip-to-the-store-during-unscheduled-paid-rest-break2/
Breaking News! U.S. Supreme Court Blocks OSHA Vaccine-or-Test Rule http://www.sessions-law.com/news-resources/breaking-news-u-s-supreme-court-blocks-osha-vaccine-or-test-rule/ The United States Supreme Court has entered a “stay” blocking OSHA’s Emergency Temporary Standard (ETS) requiring that employers with 100+ workers require full vaccination against COVID-19 or weekly testing plus face coverings for onsite workers.

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2022-01-13 14:36:44 http://www.sessions-law.com/news-resources/breaking-news-u-s-supreme-court-blocks-osha-vaccine-or-test-rule/
OSHA Updates Guidance re Weekly COVID-19 Testing of Unvaccinated, Onsite Employees http://www.sessions-law.com/news-resources/osha-updates-guidance-re-weekly-covid-19-testing-of-unvaccinated-onsite-employees/ As we initially reported here, OSHA published the highly anticipated Emergency Temporary Standard (ETS) requiring full COVID-19 vaccination or weekly testing plus face coverings for onsite, unvaccinated workers of businesses with 100+ employees. Since OSHA’s publication on November 4, 2021, it’s been like watching an Olympic ping-pong match: blink and you’re behind. 

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2022-01-03 10:07:39 http://www.sessions-law.com/news-resources/osha-updates-guidance-re-weekly-covid-19-testing-of-unvaccinated-onsite-employees/
Put Down That Eggnog: OSHA’s Vaccine-or-Test Requirement is Back in Play http://www.sessions-law.com/news-resources/put-down-that-eggnog-osha-s-vaccine-or-test-requirement-is-back-in-play/ 2021-12-20 09:02:11 http://www.sessions-law.com/news-resources/put-down-that-eggnog-osha-s-vaccine-or-test-requirement-is-back-in-play/