Search for: "Performance Contractors, Inc"
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30 Nov 2012, 8:23 am
On October 4, 2012, Martin & Martin filed a potential collective action against Horizon Satellites, Inc. alleging that the company misclassified its dispatchers / customer service representatives as independent contractors to avoid paying them overtime. [read post]
14 Dec 2014, 5:59 pm
The court also found that, in promulgating the rule, the OFCCP was justified in not exempting construction contractors (Associated Builders & Contractors, Inc v. [read post]
4 Jan 2024, 7:57 am
STG Logistics Inc., No. [read post]
22 Dec 2008, 1:50 pm
Painting, Inc., 567 F. [read post]
29 Sep 2020, 10:04 am
Goya Foods Inc. et al., and was filed in federal court in the District of New Jersey. [read post]
6 Aug 2012, 2:55 pm
Handyman Connection of Sacramento, Inc. v. [read post]
13 Apr 2014, 3:00 pm
On Friday, April 11, 2014, the California Contractors State License Board issued a News Release confirming that drywall work on the "$150 million, 45-story Pinnacle Towers construction project in downtown San Diego has stopped after the [CSLB] determined the sub-contractor hired for the work, Clayton Wall & Ceiling Systems Inc. [read post]
18 Jun 2015, 12:44 pm
Borello & Sons, Inc. v. [read post]
17 Sep 2020, 9:03 am
AB 5, which went into effect January 1, 2020, codified in the Labor Code the “ABC” test for determining independent contractor status that the California Supreme Court adopted in its 2018 decision in Dynamex Operations West, Inc. v. [read post]
30 Dec 2019, 5:24 am
Those violations were also for performing electrical work without a valid electrical license. [read post]
23 Jun 2014, 3:00 pm
Eby Construction Company, Inc., the Texas Supreme Court considered "whether the rule permits a general contractor to recover the increased costs of performing its construction contract with the owner in a tort action against the project architect for negligent misrepresentations -- errors -- in the plans and specifications. [read post]
8 Sep 2017, 2:18 pm
In Affiliated Western, Inc. v. [read post]
14 Sep 2022, 9:33 am
By: Jonathan Brittin [9/14/22] Oftentimes contractors face changing circumstances during contract performance through delays or change orders and then seek to recover additional time and funding through a bilateral modification with the government. [read post]
14 Jul 2017, 7:39 am
Thereafter, the employer, the Pennsylvania Interscholastic Athletic Association, Inc. or PIAA, filed a timely request for review contending that the officials were independent contractors, excluded from coverage. [read post]
11 Dec 2023, 7:09 am
Walmart Inc., No. 3:23-cv-06083 (W.D. [read post]
15 Jun 2015, 5:50 pm
FedEx Ground Package System, Inc., 765 F.3d 981 (9th Cir. 2014). [read post]
25 Mar 2012, 7:08 pm
In Dobbins v Scriptfleet, Inc, a federal district court in Florida denied an employer’s motion to dismiss claims that a courier did not plead sufficient facts to demonstrate an employment relationship under the FLSA with respect to her allegations that she and other similarly situated couriers were misclassified as independent contractors and that the employer had failed to pay overtime compensation in violation of the Act. [read post]
26 Mar 2014, 10:00 am
Rather, in Metcalf, the court reaffirmed the vitality of traditional standards used to prove a breach of the duty of good faith and fair dealing, such as where the government hindered or failed to cooperate with the contractor's performance so as to "destroy the [contractor's] reasonable expectations. . . regarding the fruits of the contract." [read post]
18 Oct 2012, 8:28 am
In Thomas Associates, Inc., ASBCA No. 57795 (2012), the ASBCA rejected a contractor’s claim that it was entitled to stick the government with a variety of costs I will charitably describe as “questionable,” including a hunting club membership, jazz ensemble, a lavish Christmas party, and yes, flowers given to employees, ostensibly to boost morale. [read post]
1 May 2018, 5:05 pm
B) The worker must perform tasks outside of the hiring entity’s usual course of business. [read post]