Posts by David J. Yates: Litigation Blog

David J. Yates dyates@smsm.com

248.994.0090

David Yates serves on the firm's Executive Committee and is the managing shareholder of Segal McCambridge's Michigan office. As national trial and coordinating counsel …

Showing 2 posts by David J. Yates.

COVID-19 and Families First

March 20, 2020 by David J. Yates, Stephanie B. Burnstein, Thomas N. Lurie

Coauthored by: Matin Fallahi, Law Clerk

In response to the recent COVID-19 pandemic, which has caused economic distress in a short period of time, the United States House of Representatives passed the Families First Coronavirus Response Act (“FFCRA”). After approval from the Senate, the President officially signed the act on Wednesday March 18, 2020. This Act and its long-term impacts are just as unknown as the virus itself.

The legislation provides free coronavirus testing and paid emergency leave for those diagnosed with COVID-19 or those caring for a family member with the virus. The FFCRA applies to any employer with less than 500 employees in hopes to help mitigate the impact of the pandemic in the United States while also providing a sense of hope and security for employees. As such, the Act will largely impact small to medium businesses who previously did not have to provide paid leave under the Family Medical Leave Act (“FMLA”). More »

TRANSPORTATION LAW CLIENT ALERT: The Supreme Court’s Decision in New Prime v. Oliveira

January 30, 2019 by Thomas N. Lurie, Eric P. Conn, Peter J. Strelitz, David J. Yates, Eric P. Conn

Transportation companies frequently rely on independent contractor agreements with owner-operators to conduct many essential logistics operations. “Owner-operators” are self-employed and independently contract with large companies to haul goods across the country. This relationship can produce disputes between the owner-operator and transportation company. For example, when a load is not delivered on time or goods are damaged in the delivery process, transportation companies may seek to hold the owner-operator liable. In anticipation of these disputes, owner-operators almost routinely sign arbitration agreements as a part of their independent contractor agreements with transportation companies. However, when the issues between transportation companies and owner-operators pertain to wage and hour claims or other employment concerns, the recent Supreme Court decision in New Prime v Oliveira may have them changing course. More »