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Court of Appeals Applies “Common Sense” to NLRB Decisions

Posted on July 29, 2015 by

Two recent decisions by the DC Circuit Court of Appeals (DC Circuit) have overturned National Labor Relations Board (NLRB) decisions and applied “common sense” in reviewing decisions from the Board.  In both the decisions, the DC Circuit overturned a decision by the NLRB that found an employer to have committed unfair labor practices by the […]

The DOL Has Had a Busy Summer!

Posted on July 28, 2015 by

The DOL has had a busy summer!  From proposed overtime rules to independent misclassification warnings, the prudent employer should take notice.  For more information, see my two recent legal updates: Hey Employers! The DOL is Watching – Are Your Workers Properly Classified?, and What is the Overtime Proposal and Why Should I Care?

Hey Employers! The DOL is Watching—Are Your Workers Properly Classified?

Posted on July 27, 2015 by

On July 15, 2015, the U.S. Department of Labor (“DOL”) released an administrative interpretation that addresses the standard under the Fair Labor Standards Act (“FLSA”) for properly classifying workers as employees or independent contractors.  While there has been a great deal of buzz surrounding this release, specifically over the DOL’s statement that “most workers are […]

Warning: Independent Contractors May Be Employees

Posted on July 22, 2015 by

The Administrator of the US Department of Labor has issued guidance on determining whether an individual is an independent contractor or an employee of a company.  This Interpretive Guidance goes a long way to declaring that the Department of Labor will be aggressively reviewing determinations of independent contractor status by a company and will likely […]

One Instance of Racial Harassment Can Be Enough

Posted on July 21, 2015 by

Harassment and discrimination in the workplace continue to be evolving areas of law.  In most U.S. jurisdictions, the rules seem to be fairly well-established as fair and balanced for both employer and employee.  However, when the right case comes along, the balance can shift, and new standards can be adopted that favor one party over the […]

What is the Overtime Proposal and Why Should I Care?

Posted on July 7, 2015 by

By now you probably have heard that the U.S. Department of Labor (DOL) has issued a “proposed rule and request for comments” regarding overtime eligibility.  For those of you who want to chat intelligently about this topic at cocktail parties—but would prefer not to read the entire 295-page proposal—we offer the following FAQ: What is […]

Fairly Debatable IME Report Defeats Bad Faith Claim in Worker’s Compensation

Posted on July 6, 2015 by

This scenario in worker’s compensation is familiar.  A worker has a pre-existing, degenerating, and progressively deteriorating condition, in this case an old injury to his knee.  Later, there’s an accident at work, shortly after which, knee surgery is required.  The treating physician believes the work-injury necessitated the surgery and permanent partial disability.  The independent medical […]

Attorney Shaughnessy Murphy Joins Ruder Ware

Posted on June 29, 2015

Shaughnessy advises clients on a wide variety of business transactional matters, including the organization of business entities; financing, sale and acquisition transactions; and related matters.  He also assists clients who are involved in general business litigation matters. Prior to joining Ruder Ware, Shaughnessy served as a key senior leadership aide in the U.S. House of […]

Cucumber Farm in a Pickle: Farm’s Classification of Migrant Workers as Independent Contractors Violates Wage and Hour Law

Posted on June 26, 2015 by

Recently, a federal appeals court determined that a cucumber farm violated the Fair Labor Standards Act when it classified its migrant laborers as independent contractors instead of employees, and failed to pay them the applicable minimum wage.  The case is Perez v. D. Howes, LLC, No. 14-2026, — F.3d —-, 2015 WL 3833529 (6th Cir. […]

U.S. Supreme Court Rules in King v. Burwell – Subsidies Available in All States

Posted on June 25, 2015 by

The United States Supreme Court just held in the King v. Burwell case that taxpayers in states which have not established their own exchange are still entitled to the premium assistance subsidies.  The challengers in the Burwell case had argued that the language in the Affordable Care Act which authorized subsidies was limited to states […]