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Business Litigation Archives

Is there legal recourse for bad online reviews

It used to be that businesses, particularly small businesses, counted on strong word of mouth recommendations to get the word out about products and services. These days, however, reviews from online media platforms Yelp and Foursquare are where consumers go to get recommendations. This can translate into more business when the reviews are consistently positive, but many small businesses can struggle if one bad review keeps showing up. The frustrating part for many businesses is that the review may not even be accurate, or the owner took the criticism to heart and addressed the issue long ago.

NYC is first city to provide protections to black employees’ hair

The New York City Commission on Human Rights has now issued new legal guidance regarding black people’s hair. According to local news, employers as well as gyms, libraries, school and nightclubs cannot force people to change their natural hair as a requirement for being admitted or retain affiliation. The determination went on to say that natural black hair has nothing to do with “professionalism” or “neatness,” which seems in direct contrast to the Alabama women who refused to cut or change her dreadlocks for a new job. In the latter case, the Supreme Court refused to hear the case, essentially saying that employers could do this.

Boy Scouts face bankruptcy in light of sex abuse allegations

The U.S. Catholic Church has faced billions of dollars in lawsuits in the last 30 years. This has led to bankruptcy, the selling of property, the dismissal of staff and a decline in church attendance. Now in the last 10 years the Boy Scouts of America (BSA) are facing allegations from former boy scouts who say the organization did not do enough to protect them and also covered up allegations of sexual assault by volunteers.

Employee sues over bullying boss

An employee for the Pennsylvania Transit Authority (PTA) has filed a lawsuit against his employer. The suit, which is filed in federal court, alleges that the employee endured discrimination because his boss’s focus and disdain for him and the fact that he was of Indian origin. He claims that his work environment was so stressful that it caused his heart attack in 2017, which led to a two-month medical leave.

Guarding against excessive absenteeism

There are a number of federal and state time-off entitlements that employees can utilize. This can make it difficult for even the most competent HR administrator to stay compliant with all the laws. Some administrators and owners may even be reluctant to terminate an employee on attendance-based issues because of complications and potential legal problems if they violate the Family Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA).

Employers do have right to regulate employee appearance

Catastrophe Management Solutions recently won a case before the U.S. Circuit Court of Appeals. The lawsuit filed by Equal Employment Opportunity Commission alleged that it was illegal to not hire someone because of his or her dreadlock hairstyle.

Goop settles false advertising lawsuit

Gwyneth Paltrow is busier these days running her lifestyle company than acting, but she is still in the news. recently, it is for paying $145,000 settlement for false advertising. A business she founded 10 years ago and now worth hundreds of millions, Goop is a combination high-end boutique that peddles exotic products it creates or third party ones it sells through the website.

Aetna sues watchdog group

Aetna has been in an ongoing battle with the non-profit Consumer Watchdog. The latter sued the insurance carrier for insisting that HIV medication be handled by mail rather than customers going to a pharmacy. The bigger issue, however, was that the insurance provider’s correspondence and delivery of the medication used paned envelops that revealed thousands of customer’s HIV status next to their name and address.

OSHA Instructs company to rehire flight instructor

The Occupational Safety and Health Administration (OSHA) informed SIMCOM Training Centers of Orlando to rehire a flight instructor who was dismissed. According to a press release on OSHA’s web site, the instructor was harassed, denied the chance to train students and subsequently terminated.

Small business owners must address product liability

A business is only as good as its product. Entrepreneurs can spend years researching, dreaming, testing and designing their product. Ultimately, though, no product is perfect. Most products pose some sort of risk to consumers. As a result, small business owners face serious liability issues due to their products.

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Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

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