Search for: "Matter of Rules Adoption"
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23 Jan 2021, 5:36 am
”This final rule expressly rejects the restrictive “ABC” test adopted by several states – including in New Hampshire for unemployment insurance purposes, as I have previously blogged (#3) – under which a worker must be (A) free from employer control, (B) perform work outside the employer’s business, and (C) be in business for himself/herself in order to be deemed an independent contractor. [read post]
22 Jan 2021, 8:59 am
Wilkinson,xi the court issued an identical order adopting the reasoning of McLaughlin in full.xii “Upon consideration of the applicable Superior Court rules and case law,” the court held, “the well- reasoned, well researched order issued [in McLaughlin]” to be controlling. [read post]
22 Jan 2021, 6:50 am
The point here is that the real-world consequences of laws matter. [read post]
22 Jan 2021, 6:49 am
The point here is that the real-world consequences of laws matter. [read post]
22 Jan 2021, 6:00 am
It was a matter of framing. [read post]
21 Jan 2021, 12:54 pm
In petitions filed during the Trump administration, DHS sought review, arguing that the plaintiffs were not proper parties to challenge the rule and that the courts erred in concluding the rule was likely invalid. [read post]
21 Jan 2021, 9:54 am
Electronic wills are a big change as a matter of legal doctrine because it’s the first time Florida law’s retreated even slightly from strict compliance with will-execution rules developed in 19th century England. [read post]
21 Jan 2021, 9:06 am
The freeze, effective until the proposed rules undergo further review, is already being hailed by cryptocurrency advocates, who fiercely opposed both the proposed rule and the initial attempt by the previous administration to rush it through. [read post]
21 Jan 2021, 3:03 am
The new rules governing financial information that public companies must provide for significant acquisitions & divestitures, which were adopted last May, became effective January 1st. [read post]
20 Jan 2021, 9:01 pm
Supreme Court, would rule in his favor. [read post]
20 Jan 2021, 12:03 pm
For analysis on eligibility for First Draw PPP Loans, please visit our article on the subject matter here. [read post]
20 Jan 2021, 10:59 am
For analysis on eligibility for First Draw PPP Loans, please visit our article on the subject matter here. [read post]
20 Jan 2021, 10:59 am
Proposed Rules: De Minimis Incentives Only Echoing the AARP decision, the EEOC has adopted the view that offering too high of an incentive (or too strong a penalty) would make employees feel coerced to participate in a health-contingent wellness program. [read post]
20 Jan 2021, 8:49 am
ISSUES AND STANDARDS OF REVIEW ¶10 Ryan appeals the Petition’s dismissal under rule 12(b)(6) of the Utah Rules of Civil Procedure. [read post]
19 Jan 2021, 9:01 pm
Either Democrats will need to persuade ten Republicans not to filibuster key bills or, should that prove impossible, “go nuclear” and substitute a simple-majority threshold to end debate for the current cloture rule requiring sixty votes. [read post]
19 Jan 2021, 1:17 pm
The fact that DoorDash wasn’t a direct competitor didn’t matter after Lexmark. [read post]
19 Jan 2021, 12:42 pm
Gary was a 2014 case in which Pennsylvania’s highest court adopted the federal motor vehicle exception to the warrant requirement for search and seizure. [read post]
19 Jan 2021, 10:43 am
As the Supreme Court has emphasized, the canon against surplusage “is not an absolute rule. [read post]
19 Jan 2021, 10:43 am
What’s more, the article of impeachment adopted against President Trump by the House of Representatives expressly describes what occurred as an insurrection and cites Section 3. [read post]
19 Jan 2021, 9:27 am
“An appellate court can properly find abuse of discretion only if no reasonable person would take the view adopted by the trial court. [read post]