Articles & Publications

Resnick & Louis, P.C. – Attorneys at Law

Resnick & Louis, P.C. was founded in 2012 by Mitchell J. Resnick and Lena M. Louis, both of whom are highly respected attorneys in the legal and business communities, with over 40 years of collective experience. Together they have developed a team of diverse and experienced attorneys who are licensed to represent clients in various jurisdictions.

Browse articles and publications that are written by and featuring the attorneys of Resnick & Louis.

If you are interested in contacting an attorney for an interview or article, please contact Stacie O’Brien at sobrien@rlattorneys.com

 


Electronic Logging Devices (ELD)– The deadline is coming…

Trucking Company Mandate as of December 18th, 2017 Drivers who are now required to use paper logs – records of duty status (RODS) -because they operate commercial motor vehicles in interstate commerce motor vehicles weighing more than 10,000 pounds, or who carry haz-mat—need to use Electronic Logging Devices (ELD) in their vehicles, unless they meet one of the exemptions. This applies to commercial motor vehicles (CMVs) as defined by Part 49 CFR 390.5 of the Federal Motor Carrier Safety Regulations and drivers who are subject to the requirements of Part 49 CFR 395. Drivers who are exempt from using ELDs include: 1) drivers who operate within the 100-air-mile exemption; 2) non-CDL drivers operating within 150 air miles of their home base; 3) drivers in driveaway operations; 4) drivers operating vehicles with engines manufactured before the year 2000; and 5) drivers who use paper logs for not more than 8 days in a 30-day period The Case of ELD v. ABORD Soon to be a major motion picture coming to a theatre near you, we can expect to see litigation over just what is an ELD. An ELD is essentially the same as an ABORD, but to qualify as an ELD, the device must meet the minimum technical standards, be certified as well as registered with the FMCSA. The ELD must be synchronized with the ECM so that vehicle operations can be recorded, such as drive time and the ELD must put out standardized data for the benefit of enforcement officers. Manual overrides are allowed for special circumstances. The Enforcement Cases… The ELD Rule was adopted to increase the use of AOBRDs to promote safety and reduce the paperwork burden for motor carriers and drivers as well as transportation law enforcement officers. As with every lock, where there’s a pick waiting […]


What is Proposition 206-The Fair Wages and Healthy Families Act?

QUESTION PRESENTED What is Proposition 206-The Fair Wages and Healthy Families Act (the “Act”) generally? How does it impact non-hourly employees, specifically employers of motor carriers? BRIEF ANSWER The Act will take effect on July 1, 2017, and gives employees the right to accrue paid sick leave. Employers of truck drivers will also be subject to the act. To determine the amount non-hourly employees are to be compensated for paid sick leave, such as motor carriers, the Industrial Commission of Arizona (“ICA”) delineates their hourly rate is determined by one of four methods detailed below. DISCUSSION The Act applies to all employers. The ICA states they do not intend to apply the Act against employees who work outside of Arizona. The Act gives employees 1 hour of sick time for every 30 hours worked. Employers with less than 15 employees must at minimum permit and allow the use of 24 hours of paid sick leave per year. Employers with more than 15 employees, must at minimum permit the use of 40 hours of paid sick leave a year. An employer also has the option to provide all earned paid leave time that an employee is expected to earn at the beginning of the year. Unused paid sick leave rolls over into the next year unless the employer decides to exercise its option and pay the employee for the time that is to be rolled over. An employee can only carry a maximum of 40 hours paid leave time into the next year and remains entitled to accrue an additional 40 hours paid leave (maximum of 80 hours) if there are 15 or more employees. If there are less than 15 employees, an employee can only carry a maximum of 24 hours paid leave time into the next year and remains […]


Medical marijuana laws present unique challenges to employers

Almost all states will soon have similar laws as to medical marijuana usage, and generally no employee can be fired just for having medical authorization to use marijuana. The Americans with Disabilities Act even prevents employers from asking about it because that would presume the employer is asking about an underlying disability. While it’s still illegal under federal law to possess or use it, there have been more than 60 peer-reviewed studies with an overwhelming majority finding marijuana helpful as palliative care in debilitating diseases or for those with chronic pain. What is an employer to do? Re-write your employee handbook; be vigilant and drug test under the defense of reasonable suspicion. Current Arizona law is typical of many states’ view: unless a failure to test would cause an employer to lose a monetary or licensing-related benefit under law, an employer may not discriminate against a person in hiring, terminating, imposing a condition of employment, or otherwise penalizing a person for having medical marijuana privileges, or producing a positive test for marijuana. Safety-sensitive work in the transportation industry – or any industry – allows the employer to discipline/terminate employees with medical marijuana prescriptions if intoxicated on duty. Regardless of the industry, no employee with a medical marijuana card may use, possess, or be impaired at work. Why should you be concerned/have a policy/conduct reasonable suspicion testing? Because of exposure to the legal risk of negligent hiring or negligent retention claims brought by third persons; and because your medical card employee could challenge you for discrimination if you do not treat every employee the same. The Gig Economy Just Got Giggier On June 7, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two informal guidance documents on independent contractor misclassification and joint employment, which had […]


PRESS RELEASE: Resnick & Louis Welcomes 5 New Attorneys To The Firm

Scottsdale, AZ., June 15, 2017: Resnick & Louis. P.C. is pleased to announce the addition of 5 new attorneys. The attorneys will be based in our NV, FL, AZ, and CA offices and include Caroline Molloy, Jordan Shidlofsky, Tracee L. Duthie, Alyssa A. Cina, and Kristi N. Davisson. “Our new attorneys have an excellent and established reputation in insurance defense, construction defect, professional liability, and premises,” says Mitchell Resnick, managing shareholder of Resnick & Louis. “They will expand our practice area providing services to clients, and broaden our expertise across all states.” The new attorneys include: Caroline Molloy has come to be known and respected as one of the top litigation attorneys in Southern California. Ms. Molloy is known for her powerful and aggressive interdisciplinary litigation practice, combining expert trial and courtroom advocacy skills with bold and decisive litigation strategies. Jordan Shidlofsky practice focused on construction defect litigation representing developers, general contractors, subcontractors, environmental consultants, product manufacturers and insurance carriers in a variety of contexts arising from the construction and use of real property. Tracee L. Duthie is admitted to practice law in both the State and Federal courts in Nevada. Her practice has been in general civil litigation, insurance defense litigation, additional insured litigation, construction defect litigation, personal injury, slip and fall, medical malpractice, product liability and HOA super priority lien. Ms. Duthie has successfully settled numerous multi-million-dollar litigation and has trial experience in district and justice court. She has advocated both in the defense bar and plaintiff arena. Alyssa A. Cina managed 10 staff personnel and supervised a caseload of 250 car accident and premise liability files from intake to negotiations. She has worked in the Fourth District Court of Appeals performing a variety of civil and criminal appeals. She has experience in personal injury and civil litigation. […]


Jennifer A. Boldi to speak at PLRB in June

Jennifer A. Boldi, Partner at Resnick & Louis, will be speaking at the June 14-15th western conference for PLRB. She will be covering recent property case law updates. Review current coverage and case law trends and improve your ability to forecast court decisions Identify current regional issues and concerns in the property insurance field Use reasoning skills to apply policy provisions to factual scenarios Compare notes involving coverage challenges with other claims professionals from your region To sign up for the PLRB conference please click here.