On January 16, 2014, the Federal Trade Commission (FTC or Commission) issued a decision denying a motion to dismiss by LabMD, Inc. (LabMD) in an administrative proceeding against it. The bulk of the decision centered on rejecting LabMD’s argument that the FTC lacked authority to regulate LabMD’s data security practices […]
Publications
Eighth Circuit Court of Appeals Finds Request for Grooming Assistance In Addition to Sexual Advances Supports Quid Pro Quo Harassment Claim
The United States Court of Appeals for the Eighth Circuit rejected the district court’s finding that a municipal worker fired after complaining her boss made unwanted physical advances could not establish quid pro quo harassment under Title VII. The district court found the supervisor’s alleged behavior was “asexual,” or not […]
State-by-State Employment Law Developments
Iowa: Undocumented workers are entitled to healing period benefits under the Iowa Workers’ Compensation Act per a recent holding by the Iowa Supreme Court. The court determined that undocumented workers are “employees” under the Iowa Workers’ Compensation Act. The court was not persuaded by the employer’s contention that an employment […]
103rd Nebraska Legislature, Second Session: Real Estate, Renewable Energy and Municipal Law Update – Part 3 (Days 11 – 17)
The second session of the 103rd Nebraska Legislature is nearly one-third complete. Here is an update list of on the bills we are tracking related to real property, renewable energy, and municipal law. Copies of the bills and information regarding status of the bills can be found on the […]
CMS Addresses CPR in Nursing Homes
A Survey and Certification Letter (S & C 14-01-NH) issued in October 2013 reinforces the requirement for nursing facilities to initiate cardiopulmonary Resuscitation (CPR) unless otherwise directed by the resident’s advance directive or a Do Not Resuscitate (DNR) order. The guidance follows several highly publicized cases of nursing facilities adopting […]

