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1 Aug 2012, 8:00 am
Under the Enterprise test, in deciding if a party is a "joint employer," courts must consider whether the company has: (1) Authority to hire and fire employees; (2) Authority to issue work rules and job assignments, and set conditions of employment like compensation, benefits, and hours; (3) Authority to supervise and discipline employees on a day-to-day basis; and (4) Control of employee records such as payroll, insurance, and tax records. [read post]
1 Aug 2012, 1:46 am
Background Facts and Earlier Proceedings in Harris I In this case, plaintiffs were claims adjusters at insurance companies Liberty Mutual and Golden Eagle. [read post]
30 Jul 2012, 7:04 pm
Attorney Rivas is fluent in Spanish and represents only accident victims, never insurance companies. [read post]
29 Jul 2012, 7:35 pm
Standard negligence argument, right? [read post]
26 Jul 2012, 6:03 am
Additionally, the parent company made available to each subsidiary a panoply of services, including business guidelines, employee benefit plans, rental reservation tools, insurance, technology, employee relocation services, legal services and various human resources services, such as job descriptions, best practices, compensation guides, training materials and standard performance review forms. [read post]
24 Jul 2012, 5:57 am
Basic personal lines policy forms that are policies similar to an HO-8 policy or a dwelling fire policy that provide coverage meeting the requirements of the secondary mortgage market, but which is more limited than the coverage under a standard policy. [read post]
23 Jul 2012, 2:40 pm
The employer was a joint employer if the employer had: 1. the authority to hire and fire employees, promulgate work rules and assignments, and set conditions of employment, including compensation, benefits, and hours; 2. day-to-day supervision of employees, including employee discipline; and 3. control of employee records, including payroll, insurance, taxes and the like. [read post]
18 Jul 2012, 12:18 pm
The parent company had no authority to hire or fire assistant managers, no authority to promulgate work rules or assignments, and no authority to set compensation, benefits, schedules, or rates or methods of payment, the Third Circuit said. [read post]
18 Jul 2012, 10:56 am
Declaratory judgment actions are often used by insurance companies in cases of questionable coverage. [read post]
17 Jul 2012, 8:46 am
., goods that turned out to be more dangerous than consumers expected they would be) the insurer for accidents caused by the product. [read post]
15 Jul 2012, 2:22 pm
The holding company denied liability, saying that it was not an FLSA employer because it did not involve itself sufficiently in the day-to-day operations of the individual leasing companies.The Court determined that the holding company was not an employer, based on its review of the facts, as measured against the standard the Court fashioned for this case. [read post]
13 Jul 2012, 5:40 am
Enterprise Holdings' human resources department also provides job descriptions, best practice guidelines, training materials, a standard performance review form, and compensation guidelines to the 38 subsidiary companies. [read post]
12 Jul 2012, 6:02 am
COBRA requires that the employee pay the entire premium for health insurance. [read post]
9 Jul 2012, 11:22 pm
Final SBC Regulations[*] implementing the Affordable Care Act’s summary of benefits and coverage requirements jointly published February 14, 2012 by the Departments of Labor, Health and Human Services (HHS), and the Treasury (the Departments) will require most health plans and health insurers begin providing the SBC and Uniform Glossary meeting Department standards to covered persons and coverage applicants beginning on the opening day of the first enrollment period beginning… [read post]
9 Jul 2012, 4:21 pm
There is significant uncertainty, however, about the nature and scope of the insurance products available to cover a company’s technology and cyber privacy risks. [read post]
5 Jul 2012, 12:03 pm
Enterprise Holdings is the sole shareholder of 38 subsidiary companies using the “Enterprise” brand. [read post]
4 Jul 2012, 6:18 am
An Alabama insurance coverage case, Alabama Farm Bureau Mutual Casualty Insurance Company v. [read post]
28 Jun 2012, 10:06 am
The Fort Worth Court of Appeals issued an opinion in 1996, in the case styled, State Farm Lloyds and State Farm Fire and Casualty Company v. [read post]
27 Jun 2012, 7:26 pm
Georgia's "Standard Fire Policy" Rule, issued by Georgia Insurance Commissioner, applies to all insurance policies after June 2006 and prohibits any first party insurance company from requiring a suit be brought within a time period less than two years under any property insurance policy covering loss or damage to any type of real or personal property, whether the loss is a result of fire… [read post]
27 Jun 2012, 1:56 pm
Paul Fire & Marine Insurance Company (“St. [read post]