Lawmakers Eye Stronger Coronavirus Help For Gig Workers

Create: 2020-03-26
Update: 2020-03-27
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Local lawmakers across the U.S. are championing greater labor protections for gig economy workers during the COVID-19 pandemic, as the crisis sees both a tremendous spike in demand for workers delivering groceries and hard times for other industries where such labor pools have become common.
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Analysis

Lawmakers Eye Stronger Coronavirus Help For Gig Workers

Local lawmakers across the U.S. are championing greater labor protections for gig economy workers during the COVID-19 pandemic, as the crisis sees both a tremendous spike in demand for workers delivering groceries and hard times for other industries where such labor pools have become common.

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Thousands Of Hotels Offer Rooms For COVID-19 Patients

Thousands of revenue-strapped U.S. hotels during the COVID-19 crisis are providing rooms to infected patients, people in need of quarantine and medical staff at nearby hospitals, as local governments scramble to find safe housing that will help prevent the spread of the novel coronavirus.

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Airbnb Exempt From Fla. Tourist Tax, Appeals Court Affirms

Airbnb and other short-term rental platforms don't need to collect and remit a Florida county's local tourist development taxes because they did not qualify under state statute as responsible parties, a state appeals court ruled Wednesday.

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Game Maker Says Eckert Seamans Can't Represent Rival

A Georgia-based game machine maker has asked a Pennsylvania federal court to block its onetime law firm Eckert Seamans Cherin & Mellott LLC from representing its rival, arguing the legal attacks the firm has leveled since jumping ship to counsel the rival are "a clear breach of its fiduciary duty."

Memorandum attached | Read full article »

Analysis

Fla. Hotels Hunt For Options To Survive Massive Virus Losses

As Florida hotels, normally at full occupancy in March, sustain massive losses because of the coronavirus pandemic, their attorneys are scrambling to help them ride out the shutdown by exploring everything from potential coverage in commercial insurance policies to help from the government.

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POLICY & REGULATION

Analysis

Tribes Unsure Where They'll Land With New DOI Trust Policy

The U.S. Department of the Interior’s new test to decide when tribes qualify to have their land taken into trust may simplify the process for some while creating hardship for those that lack obvious proof they meet the department’s new standards, experts say.

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LITIGATION

Burger King Dodges Workers' Consolidated No-Poach Suit

A Florida federal judge has sent Burger King employees back to the drawing board on their consolidated no-poach case against the popular fast-food chain, finding Tuesday that those staffers hadn't shown the various Burger King locations were distinct enough enterprises to break antitrust laws.

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Tourist Tells 2nd Circ. Starwood Suit Not Ruled By Mexico Law

The Second Circuit mulled Wednesday if a federal judge erred in applying Mexico law to sink a personal injury suit brought by a Massachusetts man who sued Starwood Hotels & Resorts Worldwide Inc. — but not any Mexican entity — after he was injured by a wave at a Cabo St. Lucas beach resort.

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Gaming Co. Seeks Quick Win On RICO Claims Against Tribe

A gaming developer has urged a California federal judge to grant it a quick win on its racketeering and fraud claims against certain tribe members of the Pinoleville Pomo Nation over a sham casino project, saying the members are moving money out of the court's reach as the company tries to collect $16.14 million in damages.

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Dominican Republic Opposes Bid To Revive $41M Arbitration

The Dominican Republic is urging a D.C. federal court not to revive a $41.5 million arbitration initiated by two missionaries over a stymied luxury real estate project, arguing that its taxpayers shouldn't have to continue bearing the "burden of petitioners' litigiousness."

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Esports Co. Hit With $3M Assault, False Imprisonment Suit

A former employee is suing Allied Esports Entertainment Inc. for assault and battery and false imprisonment, claiming her boss grabbed her and berated her after a last-minute cancellation at an event she’d helped to organize, then fired her while she was on stress leave.

Complaint attached | Read full article »

NY Eatery Can't Delay Settlement Payment Due To COVID-19

A New York federal judge on Tuesday rejected a Manhattan restaurant's bid to push back the payment date of an $85,000 wage-and-hour settlement by a month in light of the business being “decimated” by the novel coronavirus pandemic, instead greenlighting the deal as is.

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EXPERT ANALYSIS

​​Coronavirus' Impact On Hospitality Businesses Is Profound

COVID-19 is causing devastating and potentially irreparable damage to the hotel, food and beverage, sports, and related industries — with lawyers in these sectors suffering as well. R.J. O’Hara at Flaherty & O’Hara takes an in-depth look at the ripple effects.

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10 E-Discovery Challenges Caused By COVID-19

The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

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LEGAL INDUSTRY

Analysis

Legal Community Rallies To Soften The Blow Of COVID-19

Amid the rapidly evolving COVID-19 outbreak, the legal community has stepped up to lend financial support and services to colleagues, vulnerable populations, first responders and medical staff. Here, Law360 looks at some of the ways lawyers are helping others during the global crisis.

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Q&A

Coping With A Pandemic: Google's Mary Shen O'Carroll

As self-isolation and social distancing become the norm during the COVID-19 pandemic, Law360 is sharing reactions from people around the business and legal community. Today's perspective comes from Mary Shen O'Carroll, director of legal operations at Google and president of the Corporate Legal Operations Consortium.

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ABA Says Gov't Should Declare Legal Workforce 'Essential'

The president of the American Bar Association on Tuesday called for the federal government to deem legal services "essential," so that lawyers are exempt from local shelter-in-place rules that prohibit employees from leaving their homes for work in order to prevent the spread of the coronavirus.

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COVID-19 Relief Bill Would Expand Remote Court Hearings

The U.S. Department of Justice would receive an extra $1 billion and the federal courts would get $7.5 million as well as provisions allowing video or teleconferencing in some criminal hearings as part of the massive coronavirus relief bill, according to a draft of the bipartisan deal reached early Wednesday.

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Delaying Bar Exam Amid COVID-19 Is A Risky Move, Profs Say

With the coronavirus pandemic expected to disrupt the bar exam this summer, U.S. courts and regulators need to act fast to come up with a new way to license lawyers, and simply postponing the exam for later this year isn't going to cut it, according to a group of law professors.

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What Texas Patent Attys Need To Know For Remote Practice

Texas patent judges are working to adapt their pre-coronavirus pandemic courtroom procedures for the virtual world, even if that means conducting hearings with the occasional dog barking in the background or an attorney presenting argument in front of a backdrop designed by their children. Here, they break down what's been working for them.

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Virtual Arraignments Raise Real Concerns In NY Courtroom

New York criminal courts carried out the first virtual arraignments on Wednesday, an unprecedented step in response to the COVID-19 outbreak that was beset with delays and concerns over hard-to-see defendants and protective equipment for remaining courtroom staff.

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Old-School Mass. Courts Ill-Equipped For Pandemic, Attys Say

As Massachusetts state courts grapple with shutdowns and cancellations amid the COVID-19 pandemic, a lack of widespread online filing and limited use of video and phone conferencing could make an already-backlogged docket even worse.

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Miffed Client Alleges Malpractice By Pot-Smoking Attorneys

A man who hired a Southern California law firm to help him acquire a cannabis dispensary license slapped the firm with a legal malpractice suit in California state court Wednesday that claimed the attorneys smoked pot during business meetings and overcharged him for "untimely incompetent legal services."

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Andrus Wagstaff 401(k) Participant Ends Nationwide Fee Suit

Nationwide Life Insurance and a former employee at mass tort firm Andrus Wagstaff PC have agreed to settle her 401(k) suit, six months after a federal judge rejected a bid to certify sweeping classes that would have covered thousands of retirement plans and plan sponsors, according to a Wednesday filing.

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Law Firm Leaders: Herrick Feinstein's Irwin Kishner

Irwin Kishner has served as executive chairman for midsize New York law firm Herrick Feinstein LLP for the last 12 years. Here, Kishner chats with Law360 about his firm’s strategy and goals, and how it is responding to the spread of COVID-19.

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