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23 Jul 2015, 5:04 am by Jon Gelman
Understanding that combating misclassification requires a multi-pronged approach, WHD has entered into memoranda of understanding with many of these states, as well as the Internal Revenue Service.1 In conjunction with these efforts, the Administrator believes that additional guidance regarding the application of the standards for determining who is an employee under the Fair Labor Standards Act (FLSA or “the Act”) may be helpful to the regulated community in classifying workers… [read post]
21 Jul 2015, 7:01 am by Joy Waltemath
Sundowner Offshore Services, Inc., stated that “statutory prohibitions often go beyond the principle evil [they were passed to combat] to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed. [read post]
20 Jul 2015, 1:09 pm by Seyfarth Shaw LLP
Sundowner Offshore Services, Inc., 523 U.S. 75 (1998), for the proposition that even if Congress did not intend Title VII to apply to this type of claim “statutory prohibitions often go beyond the principal evil [they were passed to combat] to cover reasonably comparable evils. [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
The heavy reliance by group health plans and health insurers upon internet based applications and portals to carry out online enrollment, claims administration and payment, reporting and a host of other key health plan functions makes it particularly important for health plans, their employer or other sponsors, fiduciaries, vendors, and other involved in health plan administration or using or accessing health plan data to verify and ensure the internet data sharing and other applications… [read post]
29 Jun 2015, 2:16 pm by emagraken
This was subject to SCR 1961, M.R. 370s which effectively excluded the use of discovery of a former officer or servant who had been dismissed from employment except where such dismissal occurred after service of the appointment for examination for discovery, in which case his examination could be used with leave of the court: Seymour v. [read post]
16 Jun 2015, 2:54 pm by Cynthia Marcotte Stamer
Stamer is a practicing attorney with more than 27 years’ experience advising government contractors and other private sector and public employers, their management, benefit plans and plan fiduciaries, vendors and service providers and others about performance management and internal controls, OSHA and other safety and occupational injury management and compliance, OFCCP, EEOC, and other employment discrimination, government contracting compliance, and other… [read post]
16 Jun 2015, 6:00 am by Alan Brackett
LS-801 (Waiver of Service by Registered or Certified Mail for Employers and/or Insurance Carriers) is to be used by Employers, Insurance Carriers, and their representatives. [read post]
3 Jun 2015, 4:37 pm by Jeff Vandrew Jr
However, if your investment advisor were capable of beating the market over the long term, he’d be in such a select group that he wouldn’t need to ask for your money to invest. [read post]
2 Jun 2015, 6:49 am by Joy Waltemath
Bluebird Network was managed by a board consisting of five individuals selected by Bluebird Media and five individuals selected by MNA. [read post]
1 Jun 2015, 2:54 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided.June 3, 2015 - 10 AM: In re Cornerstone OnDemand, Inc., Serial No. 85658195 [Section 2(e)(1) mere descriptiveness refusal of PERFORMANCE CLOUD for "Computer services, namely providing an online community for employers and employees to track their skills, individual development plans, succession plans, career pathing, management capability, competency assessments, employee… [read post]
24 Apr 2015, 7:29 am by John Elwood
¯\_(ツ)_/¯ The respondent in Spokeo, Inc. v. [read post]
23 Apr 2015, 9:20 am by Mary Jane Wilmoth
USDOL/OALJ Reporter Decisions of the Administrative Review Board February 2015 See Case summaries:   International Assoc. of Machinists and Aerospace Workers, ARB No. 13-086 (ARB Feb. 27, 2015) Final Decision and Order PDF Summary: The ARB summarily affirmed the Principal Deputy Administrator’s determination that the Employer did not violation the Service Contract Act by refusing to promote workers employed as flight service specialists and pay a higher wage. [read post]
16 Apr 2015, 6:00 am by Administrator
Law firms cannot ignore the desire of consumers today to access their legal services online. [read post]