News & Analysis as of

Right to Control

Application of Discounts in Valuation of Interests in Privately Held Entities

by Jaburg Wilk on

When representing high net worth individuals in divorce proceedings, frequently one of the assets is an ownership interest in a privately held business or professional practice. Establishing a value for the business can be...more

2017 An Illuminating Year in E-Discovery Case Law

by Exterro, Inc. on

In a half-hour conversation with Exterro Director of Marketing Mike Hamilton, Bree Kelly, Attorney and Editor of EDiscoveryLaw.com, summarized the past year in e-discovery case law as illuminating. Perhaps thankfully, there...more

Summary Of Post-Trial Briefs Filed In Grubhub Misclassification Case

by Fisher Phillips on

The parties in the Grubhub misclassification case are back in court on Monday, October 30, delivering their final closing arguments to the judge. We’ve written about the trial extensively. To sum it up, though: a former...more

Employee or independent contractor? Right to control is key

by McNair Law Firm, P.A. on

A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment...more

Companies Potentially Liable for Independent Contractors & Third-Party Vendors

by Selman Breitman LLP on

On August 9, 2017, the Ninth Circuit published an opinion analyzing the factors used to determine when a company may be liable for the actions of third parties acting as its agents in Jones v. Royal Administration Services,...more

FRANCHISOR 101: Manual Overload

by Lewitt Hackman on

A franchisor's investment in brand standards, protection and control often comes at a cost when a consumer believing or claiming to believe the franchisor and franchisee are the same, seeks to hold a franchisor liable for a...more

Navigating the Lifecycle of an Eponymous Brand (Part 2)

In this three-part series, we identified at least three distinct seasons in the lifecycle of an eponymous brand: (1) Choosing the Brand, (2) Commercialization, and (3) Legacy of the Brand. In Part 1, we discussed "Choosing...more

Return to Sender: Aéropostale Employee’s Fraud Convictions Affirmed, But Restitution Order Sent Back for Recalculation

Aéropostale is known by many as a staple of adolescent wardrobes and shopping-mall standard. But as a patsy for kickback schemes? In United States v. Finazzo, 14-3213-cr, 14-3330-cr (Droney, J., joined by Judges Sack and...more

Uber Court Victory A Win For Sharing Economy Companies Everywhere

by Fisher Phillips on

A California court quietly granted ride-sharing giant Uber a significant victory last week in the ongoing misclassification battle over whether its drivers are properly classified as independent contractors. Although this...more

Wage and Hour Compliance: Off-the-Clock Work

by McManis Faulkner on

Thanks to the wonders of technology, it has become increasingly easier for non-exempt employees to engage in small work-related acts, or to be “on call” for their employer, after they have “clocked out” at the end of a shift....more

A Contingency Plan For A Contingent Workforce: Ensuring Workplace Protections For Staffing Agency Workers

by Fisher Phillips on

Many companies engage staffing agencies to supply temporary, or even permanent, workers to support their operations. Such arrangements offer a variety of benefits, allowing employers to nimbly adjust the size of their...more

"Possession or control" of Financial Collateral – Matter Number C-156/15

by White & Case LLP on

The Court of Justice of the European Union ("CJEU") has given its first ever ruling on the question of what constitutes "possession or control" of financial collateral for the purposes of the Financial Collateral Directive -...more

Fourth Circuit Holds Staffing Agency Nurse to be Hospital Employee for Purposes of Liability Insurance

by Poyner Spruill LLP on

Is a nurse employed by a staffing agency and temporarily assigned to work at a hospital considered an “employee” of the hospital and therefore entitled to coverage under the hospital’s liability insurance policy?...more

FRANCHISOR 101: Are Franchisees Your Employees?

by Lewitt Hackman on

Prudent franchisors have been reducing their apparent control over franchisees' employees to reduce the risk of becoming joint employers of those employees. But could a franchisor's control over the franchisees themselves be...more

Joint Employer Rule: Is Guidance on the Way?

by Foley & Lardner LLP on

As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law. Since...more

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

by Fisher Phillips on

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

Jumping For Joint Employer: The EEOC Files Amicus Brief Supporting Broadened Definition Of Joint Employer In High-Profile NLRB...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following the NLRB’s expansion of the definition of “joint employer” in the high-profile Browning-Ferris case and the employer’s subsequent appeal to the D.C. Circuit, the EEOC filed an amicus brief...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

Appellate Court Notes

by Pullman & Comley, LLC on

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

Federal Court of Appeal Clarifies Test for “De Facto Control”

by Bennett Jones LLP on

In McGillivray Restaurant Ltd. v. R., the Federal Court of Appeal (FCA) recently provided welcome news to the Canadian tax community concerning the appropriate legal test for determining whether a person has “de facto...more

Top franchise decisions: two standouts from 2015

by DLA Piper on

Perhaps the most significant decision last year affecting franchising was not issued by a court and did not involve a franchise system. In an August 27, 2015 decision, the National Labor Relations Board (NLRB) in...more

Delaware Court Approves Litigation Funding Agreement

by Reed Smith on

The Delaware Superior Court issued a recent decision providing the following guidance to parties regarding how to properly structure litigation finance agreements in order to avoid claims of champerty and maintenance: (i) the...more

Supreme Court Clarifies that Loans are to be Considered Part of the Defendant’s Assets for the Purposes of a Standard Form...

by Latham & Watkins LLP on

Case: JSC BTA Bank v Ablyazov [2015] UKSC 64 Introduction - A freezing order is an interim injunction that prevents a party to litigation from dealing with their assets until judgment (and on occasion, after...more

‘Twas the 2016 Franchise Renewal Season…and Labor and Regulatory matters are stirring throughout the franchise model

by K&L Gates LLP on

Last year, the franchising industry witnessed developments that significantly affected the core of its business model. These developments stem in large part from both federal and state governments taking a more active role in...more

PSC Register––Draft Guidance on the Meaning of “Significant Influence or Control” for UK Companies and LLPs

As discussed in the Corporate and Financial Weekly Digest edition of August 14, 2015, the new obligation for UK companies and limited liability partnerships (LLPs) to keep and maintain a register (Register) of people with...more

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