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  • Article

    127,000 Workers Found Misclassified In 2013 By New York Regulators, According To State’s Latest Annual Task Force Report On Worker Misclassification

    According to this year’s Annual Report of the New York State Task Force on Employee Misclassification, which was issued on February 1, 2014, the New York State Department of Labor completed in 2013 over 13,000 audits and investigations, in which nearly 127,000 workers were found to have been misclassified as independent contractors in the state and over $55 million in unpaid unemployment contributions were found to be due.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Be Careful What You Ask For: Michigan Limits Employer Access To Personal Social Media

    A discussion on Michigan’s Internet Privacy Protection Act, which prohibits employers from gaining access to applicant and employee personal Internet accounts.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    July 2014 Monthly Independent Contractor Compliance And Misclassification Update

    The leading development this month in the area of independent contractor compliance and misclassification is an Arizona case.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Liability Lessons From Lazette Case For Employers With BYOD Policies

    On June 5, a U.S. District Court for the Northern District of Ohio, in Lazette v. Kulmatycki, held that a supervisor, using a company-owned BlackBerry mobile device to access a former employee’s personal e-mail, was not authorized by the mere fact that the device belonged to the employer. Such access, the court found, may violate the Stored Communications Act (SCA).
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Monthly Independent Contractor Compliance And Misclassification News Update (Covering February 2013)

    Lowe's Home Centers is sued by construction material installer engaged in installing fences, roofs, siding and decks for Lowe's customers in a class action misclassification lawsuit.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Risky Business In Worker Misclassification Cases: Treating A Worker As A Dual Independent Contractor And Employee

    Businesses that dual-classify workers as both ICs and employees run a higher than ordinary risk of audit and legal challenge.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    The President’s 2015 Budget: No Letup In The Federal Government’s Crackdown On Misclassification Of Employees As Independent Contractors

    The President’s 2015 fiscal year budget was released earlier today, March 4.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    The Supreme Court Adopts A Narrow Definition Of ‘Supervisor’ In Title VII Harassment Cases

    The United States Supreme Court recently delivered a "win" for employers in a recent case, in which the Court narrowed the definition of supervisor for purposes of employer liability for workplace harassment under Title VII of the Civil Rights Act of 1964.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Missing Mortgage Details: This Time A Mortgage Survives The Trustee’s Attack

    A mortgagee moved for entry of a default judgment in its foreclosure action.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Treatment Under Plan Of Reorganization: Mortgage Discharge May Take More Than You Might Expect

    The 5th Circuit upheld the district court decision with the result that notwithstanding the debtor's attempt to discharge a mortgage through a plan of reorganization, a mortgagee was able to retain its lien by remaining silent until after confirmation.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Burgeoning "New Value" Competitive Bidding Requirement

    A debtor that owned a shopping center proposed a plan of reorganization that gave the spouse of the debtor's owner 100% of the equity of the reorganized debtor in return for a cash investment, but without any competitive bidding.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Chapter 9 Bankruptcy Of Stockton, Calif., Moves Forward

    With a population of approximately 300,000, Stockton, Calif., is the largest city in the United States to seek bankruptcy protection.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Collecting A Prepayment Premium: Plain Language May Not Be So Plain

    A lender sought to recover a prepayment premium of $1.8 million after acceleration of a note due to the borrower’s payment default.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Control Of An LLC: Who Comes Out On Top – A Bankrupt Member Or The Member’s Chapter 7 Trustee?

    A chapter 7 debtor that was the sole member and manager of a limited liability company filed a chapter 11 bankruptcy on behalf of the LLC.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Cramdown Plan Of Reorganization: "Dirt-For-Debt"

    The treatment of a bank's claim under a Chapter 11 plan of reorganization became the last issue that required resolution in order to confirm the proposed plan.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Defalcation And Dischargeability: The Supreme Court Speaks

    In the case of Bullock the Supreme Court resolved a long standing issue about the proper standard for establishing defalcation
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Foreclosure Sale: In A Race With A Bankruptcy Filing, Who Wins?

    The purchaser at a foreclosure sale sought relief from the automatic stay to complete the sale.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Fraudulent Transfer: A Case Where Strong Arm Powers Were "An Inch Too Short"

    A Chapter 11 trustee sought to avoid a transfer of property under Section 544 of the Bankruptcy Code that occurred after the bankruptcy petition was filed.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Lease Rejection Damages: How To Avoid The Cap (Maybe)

    Damages arising from the rejection of a lease by a tenant in bankruptcy are subject to a cap under Section 502(b)(6) of the Bankruptcy Code.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Mortgage Legal Descriptions: When Is A "Boo-Boo" Fatal (Round 2)?

    A discussion on the issue of mortgages in a bankruptcy scenario.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP

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