News & Analysis as of

Classification Appeals

Foley Hoag LLP - Cannabis and the Law

4th Circuit Challenges DEA’s Findings on the Legality of Certain Hemp Derived Cannabinoids

The United States Court of Appeals for the Fourth Circuit ruled that the Drug Enforcement Agency’s (“DEA”) classification of certain hemp-derived cannabinoids as unlawful was not entitled to deference, given that the language...more

Bennett Jones LLP

Challenging the Scope of a Proposed Class in Québec Class Proceedings

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In the recent decision of Electronic Arts Inc. v Bourgeois, 2024 QCCA 284 (Bourgeois), the Québec Court of Appeal provided direction concerning when and how defendants can appropriately challenge the scope of a proposed class...more

Proskauer Rose LLP

UK Tax Round Up - December 2023

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Welcome to December’s edition of our UK Tax Round Up. This month has seen two interesting decisions on the connections needed for amounts to be taxed as employment income, the latest instalment in the BlueCrest partner...more

Adams and Reese LLP

Fifth Circuit Turns to SCOTUS for New Definition of “Seaman”

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The U.S. Fifth Circuit Court of Appeals sitting en banc recently rendered an important opinion for all employers of maritime workers who look to define their employees as either “seamen” or “other maritime workers.” In...more

Hinshaw & Culbertson - Employment Law...

Medical Staff Member Deemed Independent Contractor, Not Eligible for Title VII Protection

When assessing potential exposure for their employer-clients under federal labor and employment statutes, employment and health care attorneys often must start with the basics. That determination of employment status becomes...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Fifth Circuit Defines Meaning of "Regular Occupation" Under LTD Policy

In Nichols v. Reliance Standard Life Ins. Co., 924 F.3d 80 (5th Cir. 2019), the U.S. Court of Appeals for the Fifth Circuit held that when an LTD policy funding an ERISA plan defines "regular occupation" as the way the...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Upholds “Light Touch” Federal Regulation of Broadband ISPs, but Opens the Door to Differing State-Level Laws

On October 1, 2019, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) largely upheld the “light-touch” approach to net neutrality regulation adopted by the Federal Communications Commission (FCC or the...more

Faegre Drinker Biddle & Reath LLP

The FCC’s “Restoration of Internet Freedom Order” Largely Survives on Appeal; But Net Neutrality is Not Dead Yet

On October 1, the U.S. Court of Appeals for the D.C. Circuit released a long awaited decision in Mozilla Corporation v. FCC that largely upheld most aspects of the Federal Communications Commission’s 2018 “Restoring Internet...more

Butler Snow LLP

6th Circuit Confirms 'Fair Reading' Standard For All Overtime Exemptions

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Ensuring correct employee classification for purposes of compliance with wage and hour laws is one of the most daunting challenges employers face. Classification criteria such as being engaged in “management” and use of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

Proskauer - Law and the Workplace

Seventh Circuit Reaffirms Test for Employee Status

On May 8, 2019, the Seventh Circuit reaffirmed its test for determining employee status under federal anti-discrimination laws, holding that a physician lacked standing to bring Title VII claims against the hospital at which...more

Fisher Phillips

August 2017: The Top 11 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more

Foley & Lardner LLP

Unpaid Interns: The Second Circuit Pours Cold Water on a Hot Topic

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Can businesses use unpaid interns? Over the past few years, this is a frequent question from corporate clients and a mainstay subject in the legal blogosphere (including right here). The heightened interest stemmed from a...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Ervin Cohen & Jessup LLP

Uber Relieved or Uber Mad? What Does the Recent UBER Misclassification Ruling Mean for Employers?

Last week, the California Labor Commissioner ruled that Uber driver Barbara Berwick was an employee and not an independent contractor, as Uber classifies all its drivers. The ruling was based on the Labor Commissioner’s...more

Buchalter

U.S. Supreme Court Grants Review of Restrictions on Federal Agency Rulemaking in Mortgage Loan Officer Overtime Case

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In our July 2013 alert, we reported on a federal appellate court ruling in Mortgage Bankers Association v. Harris. Mortgage Bankers Association challenged a U.S. Department of Labor (DOL) 2010 opinion letter in support of...more

Benesch

InterConnect FLASH! No. 39 - Recent Court Decisions Reflect the Rule of Reason: Totality of the Circumstances Regains Traction

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Two recent court decisions from two different jurisdictions, issued several weeks apart, reflect a more balanced and reasonable approach for determining worker classification issues based on the totality of the facts and...more

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