Unemployment Insurance

News & Analysis as of

New York’s Highest Court Rules that Yoga Instructors are Independent Contractors: But Can Other Employers Hold that Pose?

The New York State Court of Appeals and New York City recently provided additional guidance for – and imposed additional requirements on – New York employers that use independent contractors. In In re Yoga Vida NYC, Inc....more

Workplace Policy Institute Insider Report — November 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The November edition of the Insider Report turns a spotlight on...more

New York’s High Court Issues Pro-Employer Ruling In Misclassification Case

On October 25, 2016, the New York Court of Appeals – New York’s highest court – ruled that non-staff instructors at a yoga studio were properly classified as independent contractors, and were not employees. The Court of...more

Yoga Instructors Can Be Independent Contractors, Says NY Court of Appeals

Earlier this week, the New York State Court of Appeals in Yoga Vida NYC, Inc. v. Commissioner of Labor., No. 130 (N.Y. Oct. 25, 2016), issued a rare decision concerning an unemployment determination, reversing the Appellate...more

New York’s Highest Court: No “Stretch” in Yogi’s Independent Contractor Classification

Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were...more

Comparing the Clinton and Trump Parental Leave and Childcare Proposals

Presidential Candidates Hillary Clinton and Donald Trump have each put forward plans for paid parental leave and assistance with the cost of childcare. However, as expected the plans differ significantly. The Clinton Plan is...more

“Takin’ Care of Business” at Home: Hiring California Household Help

Seyfarth Synopsis: Have you pondered the implications of hiring help around the house? Here are some legal requirements regarding employment of domestic helpers. Household workers or “domestic helpers” are people who...more

California Legislative Update: It's Now Up To The Governor

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Records Of Employment – Not Just For Terminations

The end of summer is (unfortunately) just around the corner, which for many employers means saying goodbye to student employees and seasonal workers. Most employers know that they need to complete a record of employment (ROE)...more

Commonsense Misconduct Not so "Common": Illinois Supreme Court Significantly Narrows Use of Commonsense Rationale in Employee...

In the absence of a rule prohibiting specific conduct, employers can no longer rely merely on what one would deem "commonsense" to deny unemployment benefits. In Petrovic v. Department of Employment Security, the Illinois...more

Social Links: Implications of Facebook’s algorithm change; branded emoji; free travel apps

The Internet is abuzz over the Facebook algorithm change. Here are the implications for marketers and publishers and for regular users. U.S. Customs wants to start collecting the social media accounts for foreign...more

Buyer Beware: South Carolina Unemployment Insurance Taxes

Many businesses are purchased in South Carolina every year. Many of these same businesses, however, have high worker unemployment claims, and are paying high South Carolina Unemployment Insurance taxes to the state to fund...more

Maryland Employers Will Face Tougher Sanctions for Misclassifying Workers as Independent Contractors

The heightened focus on misclassification of workers as independent contractors should cause concern for employers. At least 30 states have partnered with the federal government to target worker misclassification, with...more

Illinois Aims to Reduce Workers’ Comp to Help State Economy”

Governor Bruce Rauner is looking to reduce the cost of doing business in Illinois by cutting back on workers’ compensation and unemployment insurance, among other initiatives. The efforts are a part of his Turnaround Agenda,...more

Venezuela Anuncia Aumento del Salario Mínimo y del “Cestaticket Socialista”

El Presidente Nicolás Maduro anunció, nuevamente, un aumento del treinta por ciento (30%) sobre el salario mínimo mensual para los trabajadores y un aumento en la base de cálculo del "Cestaticket Socialista" a tres y media...more

North Carolina Legislative Report

Lawmakers returned to Raleigh for the Regular Session April 25, 2016. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly during session to keep you up to date on the latest legislative...more

Venezuela Announces New Minimum Wage and Meal Benefit Increases

On April 29, 2016, Venezuelan President Nicolás Maduro announced a 30% increase in the monthly minimum wage, effective May 1, 2016. President Maduro also announced an increase in the meal benefit, which will now be three and...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19493 - Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act - SC19493 Dissent - Standard Oil of Connecticut, Inc. v. Administrator,...more

North Carolina Legislative Report

Lawmakers returned to Raleigh for the Regular Session April 25, 2016. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly during session to keep you up to date on the latest legislative...more

Minnesota Weekly Legislative Update: 03/11/2016

The second year of the 89th Session of the Minnesota Legislature began Tuesday, March 8, 2016. Only 10 weeks remain in the brief legislative session. This first week of session highlighted the significant partisan divide with...more

Illinois Supreme Court Narrows Misconduct Disqualification for Unemployment Benefits

The Illinois Unemployment Insurance Act (Act) provides that employees who are discharged for "misconduct" are ineligible for unemployment benefits. In Petrovic v. Department of Employment Security, 2016 IL 118562, decided...more

Definition of “Deliberate and Willful” Misconduct Under the Illinois Unemployment Insurance Act Revised and Expanded

Governor Rauner recently signed legislation that revised and expanded the definition of “deliberate and willful” misconduct under the Illinois Unemployment Insurance Act (820 ILCS 405/602). Under the prior definition, the...more

December 2015 / January 2016 Independent Contractor Compliance and Misclassification News Update

This Update covers the two-month period of December 2015 and January 2016. The headnote for this period is: don’t classify drivers as ICs unless you do it right! Eight of the nine cases reported below involve drivers....more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative long session on January 14 and adjourned September 30. Lawmakers will return to Raleigh for the short session April 25, 2016. The MVA Public Affairs Legislative Report on...more

Louisiana Workforce Commission Finds Employers Misclassify Workers as Independent Contractors

The Louisiana Workforce Commission (LWC) is on track for a second consecutive record-setting year in identifying workers misclassified by employers as independent contractors, according to a recent announcement by the LWC. In...more

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