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” The DOL has identified six economic factors that should inform the economic reality analysis: (1) opportunity for profit or loss depending on managerial skill, (2) investments by the worker and the employer, (3) degree of permanence of the work relationship, (4) nature and degree of control, (5) extent to which the work performed is an integral part of the employer’s business, and (6) skill and initiative of the workers. [read post]
13 Oct 2022, 10:31 am by Jeewon Serrato and Jamie Kim
Takeaway While this framework specifies a path forward for financial technology firms, the broad nature of this developing framework may have ripple effects that touch many industries involved in data and privacy beyond crypto wallets and NFT creators. [read post]
13 Oct 2022, 10:05 am by Ezra Rosser
This conference is meant to be a gathering, similar to previous poverty law conferences, for all those whose work focuses on poverty, on disadvantaged populations, and on inequality. [read post]
13 Oct 2022, 9:24 am by Neumann Law Group
In California, a court can infer an injured person’s loss of earning power from the nature of the injury. [read post]
13 Oct 2022, 9:16 am by HRWatchdog
The primary purposes of an investigation are to: Understand the nature of the alleged conduct underlying the arrest. [read post]
13 Oct 2022, 8:58 am by Richard Scharlat
[1] The other three (3) factors are: the amount of skill required, the level permanence of the working relationship, and whether the work is part of an integrated unit of production. [read post]
13 Oct 2022, 8:44 am by Neil H. Buchanan
  But the debt-haters are cultists, too, and their self-delusion continues to matter.Railing against federal borrowing is as American as apple pie, of course, but the content-free nature of it is sometimes obscured by how relentlessly the mantra has been drummed into our heads. [read post]
13 Oct 2022, 8:23 am by Jennifer Danish
You will not need to demonstrate the extent, nature, or impact of the injury if you have been disabled by one of these conditions. [read post]
13 Oct 2022, 8:17 am by Jonathan Bailey
Those arguments were described as “lively” with justices examining both the transformative nature of the works involved but also looking into how both competed for the same market, namely illustrating articles about Prince in magazines. 2: Textile Designer Sues Zulily for Copyright Infringement Next up today, Guy Demarco at Law Street Media reports that fabric maker EKB Textiles has filed a lawsuit against ecommerce platform Zulily alleging copyright… [read post]
13 Oct 2022, 8:11 am by Eugene Volokh
Second, the Court must evaluate the nature and extent of Plaintiffs' involvement in the controversy. [read post]
13 Oct 2022, 7:00 am by Evaleen Hellinga
A reasonable prospect of returning to work depends on:  the expected duration of the employee’s incapacity,  the duration of employment, and the nature of the work to be performed. [read post]
13 Oct 2022, 6:18 am by Don Asher
The CDC-ATSDR research confirms that it is the exposure to trichloroethylene (“TCE”) in the water that harmed unborn children at Camp Lejeune and caused failures in proper and natural cardiac development. [read post]
13 Oct 2022, 4:00 am by Canadian Association of Law Libraries
McDonagh examines theatre’s inherently organic, dynamic, and collaborative nature and suggests that both legislators and courts may benefit from greater knowledge of its ethos and normative practices. [read post]
13 Oct 2022, 3:45 am by Kyle Hulehan
” Due to the nature of tax fraud and avoidance, “tax fairness” largely meant European governments working together to change tax statutes, reduce the opportunity for tax arbitrage, and increase tax enforcement. [read post]
   With the baby boomer generation retiring, and future generations having fewer children, there is a natural tightening of the labor market. [read post]
   With the baby boomer generation retiring, and future generations having fewer children, there is a natural tightening of the labor market. [read post]
Previously, employers enjoyed substantial discretion to limit alterations to work uniforms or other designated clothing in the workplace. [read post]
12 Oct 2022, 12:26 pm by Tammy Binford, Contributing Editor
The worker must: Be free from the company’s control and direction in connection with the performance of the work;Perform work that is outside the usual course of the hiring entity’s business; andBe customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.The ABC test differs from the economic realities test since it considers the three specific circumstances instead… [read post]