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  • Article

    Employee vs. Independent Contractor Under The Fair Labor Standards Act

    On January 9, 2024, the U.S. Department of Labor published a final rule defining the term "independent contractor" under the Fair Labor Standards Act (FLSA).
    United StatesEmployment and HR
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Article

    Employers Should Be Wary Of Relying On New Independent Contractor Test

    The rule also states that an employer's "actual practices are entitled to greater weight than what may be contractually or theoretically possible."
    United StatesEmployment and HR
    Reinhart, Boerner, Van Deuren SC
    Reinhart, Boerner, Van Deuren SC
Article

ERISA: The Denial Letter Is Only As Good As The Analysis Contained In The IME Report

You already know that opinions by independent medical reviewers play a big role in the decision to grant or deny benefits.
United StatesEmployment and HR
Ballard Spahr LLP
Ballard Spahr LLP
  • Article

    Hirer Of Independent Contractor Was Not Liable For Death Of Latter's Employee

    The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    NBA Team's Electronic Display Operators Are Employees, Not Independent Contractors, Says NLRB

    On Aug. 18, the National Labor Relations Board (NLRB) determined that a group of electronic display operators for the NBA's Minnesota Timberwolves were employees, not independent contractors.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Pennsylvania Supreme Court Narrows The Independent Contractor Test For Unemployment Compensation

    In A Special Touch v. Commonwealth of Pennsylvania, No. 30 MAP 2019, the Pennsylvania Supreme Court interpreted the Pennsylvania Unemployment Compensation Law in a way that will make it more difficult to demonstrate.
    United StatesEmployment and HR
    Buchanan Ingersoll & Rooney
    Buchanan Ingersoll & Rooney
  • Article

    Still Waiting: Dol Expected To Issue Final Rule On Independent Contractor Classification In May 2023

    Last year, the Department of Labor (DOL) published a Notice of Proposed Rulemaking regarding its present guidance on the classification of independent contractors.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    The NLRB Delivers A Win For Gig Economy Employers By Making It Easier To Classify Workers As Independent Contractors Under The NLRA.

    Seyfarth Synopsis: In another employer friendly decision, the NLRB explicitly overruled an Obama administration precedent in emphasizing the importance of entrepreneurial activity ...
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    U.S. Department Of Labor Publishes Final Rule On Independent Contractor Status

    The U.S. Department of Labor (DOL) released a final rule that changes how potential employers assess whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA).
    United StatesEmployment and HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Podcast

    The Legality Of Trump's Terminations Without Cause Of Members And Commissioners Of Federal "Independent" Agencies (Podcast)

    Today's episode of the Consumer Finance Monitor podcast offers an in-depth analysis of the unitary executive theory and its implications for terminations by President Trump of the Democratic members/commissioners of several so-called independent Federal agencies.
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Bear And Copyright Contract Fall Through The Cracks: Who Owns Student Art Work?

    In the early 1990’s, when I was applying to film schools, I recall that different schools had different policies regarding the copyright ownership of student work.
    United StatesIntellectual Property
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Federal Circuit's First Foray Into AIA-Derivation Proceedings

    The Federal Circuit recently issued its first review of a derivation proceeding, a rarely used proceeding provided for by the America Invents Act (AIA).
    United StatesIntellectual Property
    K&L Gates
    K&L Gates
  • Article

    Federal Circuit Affirms First-Filer Determination

    In Global Health Solutions LLC (Burnam) v. Selner, No. 23-2009 (Fed. Cir. August 26, 2025), the Federal Circuit held that the Patent Trial and Appeal Board (PTAB)...
    United StatesIntellectual Property
    Lerner David Littenberg Krumholz & Mentlik, LLP
    Lerner David Littenberg Krumholz & Mentlik, LLP
  • Article

    Federal Circuit Reaffirms Rule that Patent Raises Rebuttable Presumption of Market Power

    The Federal Circuit recently reaffirmed the unique – most would say antiquated – rule that possession of a patent raises a rebuttable presumption of market power in a tying case under Sherman Act § 1. Independent Ink, Inc. v. Illinois Tool Works, Inc., No. 04-1196, 2005 U.S. App. LEXIS 1205 (Fed. Cir. 1/25/2005)
    United StatesIntellectual Property
    Morrison Foerster
    Morrison Foerster
  • Article

    Appellate Court In New York Confirms Civil Conspiracy Is Not An Independent Cause Of Action

    In early April 2020, the First Department affirmed the dismissal of a complaint by a Russian lawyer who had received an L.L.M. from Fordham University alleging "civil conspiracy" against Fordham and several American attorneys.
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fixing The Nix: FTC Set To Target Manufacturer's Warranty Restrictions On Independent Repairs

    Following the momentum of President Biden's sweeping competition executive order, the FTC now wants in on the action.
    United StatesMedia, Telecoms, IT, Entertainment
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Independent Contractor Sales And Marketing Arrangements In Laboratories

    Many laboratories engage sales and marketing representatives to assist them in growing their laboratory business. Although for decades, the federal government has expressed concerns...
    United StatesMedia, Telecoms, IT, Entertainment
    McDonald Hopkins
    McDonald Hopkins
  • Article

    IRS Independent Office Of Appeals

    When dealing with the Internal Revenue Service during the initial stages of a tax case, whether it involves an audit, collection issue, request for penalty relief, or a proposed plan of resolution such as an ...
    United StatesTax
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    IRS Notice Provides Guidance To Establish Secure Geological Storage For Purposes Of Code Section 45Q

    Notice 2026-1 (the Notice) provides important guidance under Section 45Q of the Internal Revenue Code of 1986, as amended (the Code)...
    United StatesTax
    Bracewell LLP
    Bracewell LLP
  • Article

    Are We There Yet? COVID-19 Policy Considerations As Independent Schools Approach A Return To Normalcy

    As the 2022-2023 school year begins, independent schools should revisit their COVID-19 protocols. The newer COVID-19 variants have proved to be milder than the original strain...
    United StatesCoronavirus (COVID-19)
    Venable LLP
    Venable LLP
  • Showing 761–780 of 73057 results

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