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6 May 2019, 12:42 pm by Alexander R. P. Dunn
Superior Court, the California Supreme Court adopted a test that requires “hiring entities” to establish: “(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact, (B) that the worker performs work that is outside the usual course of the hiring entity’s business, and (C) that the worker is customarily engaged in… [read post]
15 Jan 2021, 10:21 am by HRWatchdog
Under the ABC test, a worker is presumed to be an employee unless the hiring entity establishes all three of the following conditions: (A) The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. [read post]
28 Mar 2023, 9:26 am by Andrew Richards
However, you could file a lawsuit against an EMT for negligence and potentially their employer if that entity failed to hire, train, or supervise the individual responsibly. [read post]
29 Feb 2012, 6:51 am by Conor McEvily
Palestinian Authority, the Court is considering whether entities can be held liable under the Torture Victim Protection Act, while in Kiobel v. [read post]
25 Feb 2021, 5:44 pm by Natalma M. McKnew
Union proponents will not be satisfied with anything less than the ability to organize the employees (and franchisees) of a large franchisor entity as if it were a unitary body. [read post]
8 Jul 2022, 1:23 pm by Todd Lebowitz and Matthew Goodman
It was undisputed that some putative class members were sole proprietors, but others worked for subcontractor entities that had multiple workers. [read post]
10 Mar 2022, 1:14 pm by Matthew D. Kaplan
Holding Responsible Entities (Beyond Your Employer) Accountable for Your Injuries If any of the causes of your accident lead back to negligence on the part of someone other than your employer, then you may have a viable third-party industrial accident claim against that other entity (or entities.) [read post]
29 Aug 2023, 1:02 pm by Kevin LaCroix
One of the perennial issues involving D&O insurance coverage in the bankruptcy context is the question whether the directors and officers of the corporate debtor can tap the insurance policy to pay their defense expenses in connection with claims filed against them in their capacities as executives of the corporate entity. [read post]
12 Sep 2019, 10:19 am by Timothy Kim
Under Dynamex’s ABC test, a person providing any labor or services is presumed to be an employee rather than an independent contractor unless the hiring entity demonstrates that (a) the person is free from the control and direction of the hiring entity in connection with the performance of the work, (b) the person performs work that is outside the usual course of the hiring entity’s business, and (c) the person is customarily engaged in an… [read post]
AB 5 is effective January 1, 2020 and sets forth an “ABC” tests to determine whether workers qualify as independent contractors. [read post]
31 Jan 2012, 4:04 pm by Andrew Berger
As the FTC points out, “ABC bank could be registered in .com, but another entity could register ‘ABC’ in a new .bank gTLD, and a different entity could register ‘ABC’ in a new .finance gTLD. [read post]