SSA Blog

Not all states require that employees who work more than a set number of hours to be given an unpaid meal break. In states that do require meal breaks litigation against employers is common.

According to a recent National Health Survey, 50.8% of households had only cellphone service in the second half of 2016. This is the first time that the survey indicated that more households exclusively used cellphone service than a landline. It is a trend that is expected to continue.

The United States House of Representatives has passed the Fairness in Class Action Litigation Act of 2017 (H.R. 985) by a 220 to 201 margin.

On December 17, 2014 an Illinois Circuit court judge ruled that a limitation of value provision in a container storage agreement violates public policy and was not enforceable. The judge’s ruling greatly expanded the mobile storage operator’s potential liability for damages.

Over twenty states currently include a limited lines insurance program that specifically allows self storage operators to obtain an insurance license to sell tenant insurance (for loss or damage to stored goods) directly to their customers and to be entitled to receive a commission for the sale.

Even though self storage facilities are constantly working to increase their occupancies, sometimes a self storage operator must make the decision to terminate the lease of a paying tenant. It may be that the tenant is using the rented space in violation of the rental agreement’s use provision or maybe the tenant is belligerent to the managers.

Most California employees are entitled to two 10 minute rest breaks when working an eight hour shift. One question that has not been addressed is whether workers who are taking a rest break may be “on call” to respond to the occasional situation that requires their attention.

The Fair Debt Collection Practices Act (FDPCA) does not regulate the direct collection activities of businesses, such as self storage facilities, to which the debt is owed. It regulates the activities of businesses, such as collection agencies, to whom a debt is referred for collections. However, there is one exception in the law that can result in a creditor being subject to the law’s regulations.

You know a topic is relevant when “60 Minutes” runs a story on the topic. Their program titled “Drive-By Lawsuits” that aired in early December explained how the Americans with Disabilities Act has resulted in hundreds if not thousands of lawsuits where individuals have filed complaints against businesses not as actual customers, but based solely on a drive-by of the property or worse yet, by viewing the property on Google Maps and basing a claim on what is seen only from the computer screen.

The Texas Supreme Court’s ruling that mosquitos are wild animals may appear of little significance to self storage operators. However, the court’s decision in Union Pacific Railroad, Corp. v. Nami, 2016 Tex. LEXIS 571,could prove significant for any landowner in a mosquito infested area as fears of the West Nile and Zika viruses are spreading across the country.