Sessions Law http://www.sessions-law.com/news-resources/ recent posts en-us Fri, 19 Apr 2024 19:42:25 -0500 Whitney White Selected to 2024 Texas Super Lawyers Rising Stars http://www.sessions-law.com/news-resources/whitney-white-selected-to-2024-texas-super-lawyers-rising-stars/ Sessions, Israel & Shartle proudly announces that for the 6th year, Whitney White, a partner in our Dallas Office, has been named by Super Lawyers as a Rising Star in Consumer Law.

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2024-03-21 08:12:42 http://www.sessions-law.com/news-resources/whitney-white-selected-to-2024-texas-super-lawyers-rising-stars/
HR Policies and Proper Investigations Critical - $366 Million Jury Award Slashed to $248,619.57 http://www.sessions-law.com/news-resources/hr-policies-and-proper-investigations-critical-366-million-jury-award-slashed-to-248-619-57/ In February 2024, the 5th Circuit (covering Texas, Louisiana, and Mississippi) reduced a $366 million jury verdict to $248,619.57. A Texas jury awarded the $366 million after finding that FedEx terminated the Plaintiff in retaliation for alleging discrimination against a supervisor.

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2024-03-12 08:16:45 http://www.sessions-law.com/news-resources/hr-policies-and-proper-investigations-critical-366-million-jury-award-slashed-to-248-619-57/
No Injury, No Standing, No Entry to Florida State Court http://www.sessions-law.com/news-resources/no-injury-no-standing-no-entry-to-florida-state-court/ On February 26, 2024, a Florida state court, following federal law concepts, ruled under state law that a plaintiff’s alleged statutory violations, with the only “injury” being a fear of future harm, lacked the required standing to stay in state court.

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2024-02-28 08:15:17 http://www.sessions-law.com/news-resources/no-injury-no-standing-no-entry-to-florida-state-court/
NY Voids Medical Debt If Credit Reported http://www.sessions-law.com/news-resources/ny-voids-medical-debt-if-credit-reported/ On December 13, New York Governor Kathy Hochul signed into law the Fair Medical Debt Reporting Act. This new law is effective immediately and prohibits the credit reporting of any medical debt in New York. And “any” means any – it is not just negative information; there can be no furnishing of any information regarding any medical debt in New York.

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2023-12-15 08:10:15 http://www.sessions-law.com/news-resources/ny-voids-medical-debt-if-credit-reported/
Florida State Trial Court Ruling: No Actual FDCPA Damages, No State Court Filing Permitted http://www.sessions-law.com/news-resources/florida-state-trial-court-ruling-no-actual-fdcpa-damages-no-state-court-filing-permitted/ On November 17, 2023, a Florida state court found no standing to sue when the plaintiff merely alleged a statutory injury for collection of a debt not owed and the fear of future harm if the court did not intervene.

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2023-11-22 08:24:15 http://www.sessions-law.com/news-resources/florida-state-trial-court-ruling-no-actual-fdcpa-damages-no-state-court-filing-permitted/
Our Partners David Israel, Bryan Shartle & David Clouston Honored as 2024 Best Lawyers® in America and Whitney White Honored as 2024 Best Lawyers: Ones to Watch® in America! http://www.sessions-law.com/news-resources/our-partners-david-israel-bryan-shartle-david-clouston-honored-as-2024-best-lawyers-in-america-and-whitney-white-honored-as-2024-best-lawyers-ones-to-watch-in-america/ SESSIONS, ISRAEL & SHARTLE is delighted to announce that three of our partners, David Israel (employment), Bryan C. Shartle (commercial litigation), and David R. Clouston (commercial litigation), have been recognized as The Best Lawyers® in America for 2024. Our partner Whitney White (commercial litigation) was recognized as Best Lawyers: Ones to Watch® in America for 2024.

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2023-08-18 08:20:41 http://www.sessions-law.com/news-resources/our-partners-david-israel-bryan-shartle-david-clouston-honored-as-2024-best-lawyers-in-america-and-whitney-white-honored-as-2024-best-lawyers-ones-to-watch-in-america/
USCIS Announces New Form I-9 and Alternative Verification Option http://www.sessions-law.com/news-resources/USCIS-Announces-New-Form-I-9-and-Alternative-Verification-Option/ On July 21, 2023 federal immigration agencies authorized an optional alternative procedure to in-person physical examination of documents presented for the purpose of completing the Form I-9.

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2023-07-28 10:54:01 http://www.sessions-law.com/news-resources/USCIS-Announces-New-Form-I-9-and-Alternative-Verification-Option/
Nevada’s S.B. 248 Medical Debt Collection Law Barely Survives Constitutional Challenge http://www.sessions-law.com/news-resources/nevada-s-s-b-248-medical-debt-collection-law-barely-survives-constitutional-challenge/ Two years ago, the ACA, several debt collectors, debt buyers and a debt collection law firm filed a lawsuit through Sessions, Israel & Shartle, LLC and Brownstein Hyatt Farber Schreck, LLP seeking to prohibit S.B. 248 from becoming effective. 

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2023-06-16 08:13:07 http://www.sessions-law.com/news-resources/nevada-s-s-b-248-medical-debt-collection-law-barely-survives-constitutional-challenge/
EEOC Issues Updated ADA Guidance as COVID-19 Health Emergency Ends http://www.sessions-law.com/news-resources/eeoc-issues-updated-ada-guidance-as-covid-19-health-emergency-ends/ On May 15, 2023 the EEOC issued a number of updates to its COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” addressing questions about ongoing COVID-19-related ADA issues now that the COVID-19 public health emergency has ended.

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2023-05-26 09:03:00 http://www.sessions-law.com/news-resources/eeoc-issues-updated-ada-guidance-as-covid-19-health-emergency-ends/
ICE Announces Freeze on Remote I-9 Verifications - Employers Have Until August 30 To Complete In-Person Re-Verification http://www.sessions-law.com/news-resources/ice-announces-freeze-on-remote-i-9-verifications-employers-have-until-august-30-to-complete-in-person-re-verification/ DHS/ICE announced that after the COVID-19 pandemic Form I-9 flexibilities sunset on July 31, 2023, employers who conducted remote verifications during the pandemic will have until August 30, 2023 to perform all required physical examination of identity and employment eligibility documents for individuals (1) hired on or after March 20, 2020, and (2) whose identity and work eligibility documents were only examined virtually or remotely.

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2023-05-23 09:28:54 http://www.sessions-law.com/news-resources/ice-announces-freeze-on-remote-i-9-verifications-employers-have-until-august-30-to-complete-in-person-re-verification/
Furnishers Beware – Correcting Credit Reporting Mistakes Can Still Get You Sued http://www.sessions-law.com/news-resources/furnishers-beware-correcting-credit-reporting-mistakes-can-still-get-you-sued/ What happens when you credit report information by mistake, follow the Fair Credit Reporting Act and fix it? One court finds that e-OSCAR worked and there was no liability ruling with a furnisher’s timely FCRA 30-day response.

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2023-04-19 08:24:19 http://www.sessions-law.com/news-resources/furnishers-beware-correcting-credit-reporting-mistakes-can-still-get-you-sued/
Whitney White Selected to 2023 Texas Super Lawyers Rising Stars http://www.sessions-law.com/news-resources/whitney-white-selected-to-2023-texas-super-lawyers-rising-stars/ Sessions, Israel & Shartle proudly announces that for the fifth year running Whitney White, a partner in our Dallas Office, has been named by Super Lawyers as a Rising Star in Consumer Law.

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2023-03-28 11:49:29 http://www.sessions-law.com/news-resources/whitney-white-selected-to-2023-texas-super-lawyers-rising-stars/
Thanks For Nothing – Court Rules CFPB’s Safe Harbor For Model Notice Does Not Apply To FDCPA Claims http://www.sessions-law.com/news-resources/thanks-for-nothing-court-rules-cfpb-s-safe-harbor-for-model-notice-does-not-apply-to-fdcpa-claims/ While most are still recovering from the 11/10/21 Reg. F deadline and the time, effort and expense of gearing up, we all believed that once the work was done, we would have clear rules and a “safe harbor” that would result in fewer silly lawsuits – especially with the Model Notice. Wrong!

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2023-03-01 08:13:20 http://www.sessions-law.com/news-resources/thanks-for-nothing-court-rules-cfpb-s-safe-harbor-for-model-notice-does-not-apply-to-fdcpa-claims/
Illinois To Mandate Paid Leave For Any Reason Beginning in 2024 http://www.sessions-law.com/news-resources/illinois-to-mandate-paid-leave-for-any-reason-beginning-in-2024/ The Paid Leave for Workers Act (PLFAW) will become effective January 1, 2024, and will apply to all Illinois employers, with very limited exceptions. The law does not apply to school and park district employers, temporary student-employees, and employees defined in the Railroad Unemployment Insurance Act.

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2023-02-27 08:18:27 http://www.sessions-law.com/news-resources/illinois-to-mandate-paid-leave-for-any-reason-beginning-in-2024/
FDCPA Takes Back Seat To Collection Lawyer – Court Says Letter To Lawyer Not Subject To FDCPA http://www.sessions-law.com/news-resources/fdcpa-takes-back-seat-to-collection-lawyer-court-says-letter-to-lawyer-not-subject-to-fdcpa/ What happens when a debt collector sends a letter to a lawyer on behalf of that lawyer’s debtor-client, and the letter potentially violates the FDCPA? According to one court in New York, nothing.

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2023-02-22 08:09:06 http://www.sessions-law.com/news-resources/fdcpa-takes-back-seat-to-collection-lawyer-court-says-letter-to-lawyer-not-subject-to-fdcpa/
DOL Provides Examples: NO Federal Law Retaliation http://www.sessions-law.com/news-resources/dol-provides-examples-no-federal-law-retaliation/ During March 2022, the Department of Labor (DOL) released guidance providing specific examples of unlawful retaliation under various laws including the Fair Labor Standards Act (FLSA) the Family and Medical Leave Act (FMLA), the Consumer Credit Protection Act (CCPA), and various visa programs.

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2023-02-10 08:16:27 http://www.sessions-law.com/news-resources/dol-provides-examples-no-federal-law-retaliation/
Pre-Incident Sex Harassment Non-Disclosure Agreements Nullified by “Speak Out Act” http://www.sessions-law.com/news-resources/pre-incident-sex-harassment-non-disclosure-agreements-nullified-by-speak-out-act/ After legislation prohibiting forced arbitration provisions in workplace sexual harassment and sexual assault cases went into effect during 2022, on December 7, 2022, President Biden signed the Speak Out Act to force transparency in how employers handle sexual harassment complaints going forward.

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2023-02-02 08:32:43 http://www.sessions-law.com/news-resources/pre-incident-sex-harassment-non-disclosure-agreements-nullified-by-speak-out-act/
Confirming What’s “Clear and Conspicuous” Under Reg F - Illinois State Court Gets It! http://www.sessions-law.com/news-resources/confirming-what-s-clear-and-conspicuous-under-reg-f-illinois-state-court-gets-it/ In a first, a Chancery Court judge for Cook County, Illinois has ruled that an opt-opt notice contained within a collection e-mail satisfied Reg. F’s dual requirements of describing a simple opt out process and providing a clear and conspicuous opt-out disclosure.

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2023-01-31 08:38:41 http://www.sessions-law.com/news-resources/confirming-what-s-clear-and-conspicuous-under-reg-f-illinois-state-court-gets-it/
Proposed FTC Regulation Would Deem Noncompete Agreements an Unfair Trade Practice http://www.sessions-law.com/news-resources/proposed-ftc-regulation-would-deem-noncompete-agreements-an-unfair-trade-practice/ Noncompete agreements, common in the debt collection industry, could become unenforceable at the federal level if a proposed Federal Trade Commission (FTC) regulation becomes effective.

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2023-01-24 08:16:09 http://www.sessions-law.com/news-resources/proposed-ftc-regulation-would-deem-noncompete-agreements-an-unfair-trade-practice/
Pregnant Workers Fairness Act Expands Employers’ Reasonable Accommodation Obligations http://www.sessions-law.com/news-resources/pregnant-workers-fairness-act-expands-employers-reasonable-accommodation-obligations/ The Pregnant Workers Fairness Act (PWFA), passed as part of the 2023 federal spending package, will require employers with 15 or more employees to provide reasonable accommodations for job applicants and employees with limitations related to pregnancy or childbirth. As part of the new spending package, Congress also included the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act) to expand workplace lactation accommodations.

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2023-01-20 08:23:47 http://www.sessions-law.com/news-resources/pregnant-workers-fairness-act-expands-employers-reasonable-accommodation-obligations/
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/