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21 May 2018, 5:17 am
” Therefore, for the statutory exception to apply there must be two things (a) the counter party to the agreement must be a “construction industry employer” and (b) the restriction must be limited to the site of the work. [read post]
21 May 2018, 5:17 am
” Therefore, for the statutory exception to apply there must be two things (a) the counter party to the agreement must be a “construction industry employer” and (b) the restriction must be limited to the site of the work. [read post]
14 May 2018, 1:00 am
Pimlico Plumbers Ltd & Anor v Smith, heard 20-21 Feb 2018. [read post]
7 May 2018, 3:58 pm
The Court, however, conceded that the “suffer or permit to work” standard is a “term of art” that cannot be interpreted literally because it would obviously encompass workers who are traditional independent contractors (e.g. plumbers) and would more or less eviscerate the commonly understood distinction between employees and independent contractors. [read post]
7 May 2018, 3:58 pm
The Court, however, conceded that the “suffer or permit to work” standard is a “term of art” that cannot be interpreted literally because it would obviously encompass workers who are traditional independent contractors (e.g. plumbers) and would more or less eviscerate the commonly understood distinction between employees and independent contractors. [read post]
4 May 2018, 11:58 pm
Part B: Does the worker perform work that is outside the usual course of the hiring entity’s business? [read post]
2 May 2018, 1:57 pm
However, the Court indicated that the “suffer or permit to work” standard is a “term of art” that cannot be interpreted literally because it would obviously encompass workers who are traditional independent contractors (e.g. plumbers). [read post]
2 May 2018, 6:57 am
It means: (a) to exercise control over the wages, hours, or working conditions, or (b) to suffer or permit to work, or (c) to engage, thereby creating a common law employment relationship. [read post]
1 May 2018, 1:02 pm
The Court, however, conceded that the “suffer or permit to work” standard is a “term of art” that cannot be interpreted literally because it would obviously encompass workers who are traditional independent contractors (e.g. plumbers) and would more or less eviscerate the commonly understood distinction between employees and independent contractors. [read post]
1 May 2018, 9:19 am
With respect to the particularly narrow Part B of the new test, the court explained that a plumber hired by a retail store to fix a bathroom leak or an electrician installing a new power line in the store, for example, would not be employees since they were not part of the store’s usual course of business. [read post]
1 May 2018, 4:00 am
" Id. at 54; see also id. at 7 ("individual workers, like independent plumbers or electricians, who have traditionally been viewed as genuine independent contracts who are working only in their own independent business" (emphasis in original)). [read post]
1 May 2018, 4:00 am
" Id. at 54; see also id. at 7 ("individual workers, like independent plumbers or electricians, who have traditionally been viewed as genuine independent contracts who are working only in their own independent business" (emphasis in original)). [read post]
16 Apr 2018, 1:00 am
Pimlico Plumbers Ltd & Anor v Smith, heard 20-21 Feb 2018. [read post]
12 Mar 2018, 2:00 am
Pimlico Plumbers Ltd & Anor v Smith, heard 20-21 Feb 2018. [read post]
5 Mar 2018, 1:17 am
A v B & Anor, heard 12 Dec 2017. [read post]
26 Feb 2018, 1:00 am
A v B & Anor, heard 12 Dec 2017. [read post]
19 Feb 2018, 1:00 am
A v B & Anor, heard 12 Dec 2017. [read post]
24 Oct 2017, 10:54 am
§ 112(b) (pre-AIA § 112, ¶2). [read post]
11 Jul 2017, 10:32 am
Welding occupations4 were included “[b]ecause of reports of Parkinsonism in welders [Racette et al.,, 2001; Levy and Nassetta, 2003], possibly attributable to manganese exposure (from welding rods and steel alloys)… . [read post]
18 Jan 2017, 11:01 am
Lanigan and Roddy B. [read post]
