Mondaq USA: Employment and HR > Contract of Employment
Ogletree, Deakins, Nash, Smoak & Stewart
The issue of whether workers who utilize online digital platforms to obtain business and deliver services to third parties are employees or independent contractors has already been subject to much debate and litigation.
Ogletree, Deakins, Nash, Smoak & Stewart
On January 29, 2019, the Third Circuit Court of Appeals concluded that the FAAAA does not preempt New Jersey's ABC test for determining whether a worker is an independent contractor or employee.
Littler Mendelson
Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A, Inc. v. Indiana Department of Workforce Development.
Orrick
Last November, we discussed the potential impact of a recent California appellate court decision, AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. ...
Dickinson Wright PLLC
In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill
Orrick
Further to the reclassification of the service agreement between an independent deliveryman and Deliveroo, ordered by a Spanish lower Court, French jurisdictions recently shifted position,
Littler Mendelson
From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law.
Seyfarth Shaw LLP
On December 28, 2018, a three-judge panel of the Tenth Circuit Court of Appeals affirmed the holding by the U.S. District Court for the District of Colorado denying the plaintiff's ...
Ogletree, Deakins, Nash, Smoak & Stewart
The year 2018 was a busy one for healthcare employers.
Ogletree, Deakins, Nash, Smoak & Stewart
Texas law allows for the enforcement of covenants not to compete that impose reasonable restrictions on competition.
Seyfarth Shaw LLP
The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment and retaliation, which if signed into law, would render any prospective waiver of rights against public policy...
BakerHostetler
California employers and their legal counsel reasonably had assumed that California law distinguishes employee non-solicitation agreements ...
Orrick
Employers in many industries use non-compete agreements as a key tool to protect trade secrets.
Ogletree, Deakins, Nash, Smoak & Stewart
Shortly after last week's Buzz was issued, President Trump signed legislation to reopen the federal government after 35 days of a partial government shutdown.
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
Partner David Schwartz and counsel Risa Salins discuss recent cases in which courts have addressed disputes over who owns a social media account, the employer or the departing employee.
Ford & Harrison LLP
The employee handbook: It sounds so routine, like something that's been around forever and just needs a quick and easy update every year ...
Fisher Phillips LLP
It's hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace ...
Drew Eckl & Farnham, LLP
To insulate carriers from workers' compensation liability, one option commonly utilized is contingent liability insurance.
Ogletree, Deakins, Nash, Smoak & Stewart
The U.S. Department of Labor's Bureau of Labor Statistics has forecast a nursing shortage through 2024, with the United States projected to need more than half a million new nurses ...
Foley Hoag LLP
On January 25, 2019, the National Labor Relations Board issued a decision revising the test for independent contractor status under federal labor law. In SuperShuttle DFW, Inc.,
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Stoll Keenon Ogden PLLC
Kentucky has adopted the at-will employment doctrine, which provides that an employee who has an employment contract with no express conditions or a definite term may leave or be terminated
Foley & Lardner
With the midterm elections in the rearview mirror and an incoming Democratic majority in the House of Representatives, automotive industry employers can expect continued congressional gridlock ...
Hunton Andrews Kurth LLP
Employers failing to strictly comply with FCRA requirements in conducting background checks continue to face expensive consequences
Holland & Knight
On Jan. 15, 2019, the U.S. Supreme Court issued its opinion in New Prime Inc. v. Oliveira, No. 17-340, holding (1) that a court (rather than an arbitrator) should resolve a dispute
Littler Mendelson
On December 17, 2018, the New Jersey Legislature paved the way for a game-changing prerequisite for N.J. public works contractors.
Holland & Knight
The U.S. Supreme Court's decision in New Prime Inc. v. Oliveira substantially impacts the arbitrability of independent contractor misclassification cases in the transportation industry.
Proskauer Rose LLP
On January 25, 2019, in a long-anticipated decision, the NLRB overturned another Obama-Board decision, FedEx Home Delivery, 361 NLRB 610 (2014)
Fisher Phillips LLP
It's hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace ...
Ogletree, Deakins, Nash, Smoak & Stewart
Two competing bills related to the classification of workers are in play in the California legislature.
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