News & Analysis as of

Control Test

Skadden, Arps, Slate, Meagher & Flom LLP

‘Control’ Under the UK’s Sanctions: The Emergence of Clarity?

Russia’s invasion of Ukraine has resulted in unprecedent judicial scrutiny of the UK’s sanctions regulations. While the judgments delivered in many cases have provided companies with needed certainty on some topics, the...more

Venable LLP

California Supreme Court Clarifies What Qualifies as Hours Worked

Venable LLP on

Is an employee compensable for time spent on waiting and exit searches as "hours worked," even after clocking out? Per the California Supreme Court, it depends on the level of the employer's control over its employees....more

Smith Anderson

The Corporate Transparency Act - Case Law Update and Determining Beneficial Owners

Smith Anderson on

As discussed in our prior two alerts (found here), effective as of Jan. 1, 2024, the Corporate Transparency Act and rules issued thereunder by the Financial Crimes Enforcement Network (“FinCEN”) (collectively, the “CTA”)...more

Laner Muchin, Ltd.

Federal Court Vacates DOL’s Joint Employer Rule Issued in 2023

Laner Muchin, Ltd. on

In Chamber of Commerce of United States v. NLRB, No. 23-cv-00553, 2024 U.S. Dist. LEXIS 43016 (E.D. Tex. Mar. 8, 2024), the United States District Court for the Eastern District of Texas vacated the National Labor Relations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be...more

Lathrop GPM

Federal Court Vacates 2023 NLRB Joint Employment Rule And Reinstates 2020 Rule

Lathrop GPM on

On March 8, 2024, a Texas federal court struck down the National Labor Relations Board's new 2023 joint employer rule, which was set to go into effect on March 11, 2024. Chamber of Commerce of the United States of America, et...more

Tucker Arensberg, P.C.

Staffing Agency Employee Considered a School District Employee for Title VII Claim

Tucker Arensberg, P.C. on

In 2022, Khalil Larkin worked for a staffing agency, U.S. Medical, which contracted with Upper Darby School District to provide temporary staffing to the school district. U.S. Medical placed Larkin at Beverly Hills Middle...more

Holland & Knight LLP

Are You a Mexican Shareholder of a U.S. Company? 2024 Brings New U.S. Reporting Obligations

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Similar to the controlling beneficiary regulation in Mexico, next year the United States will enter into force a new obligation for most U.S. companies, including those with Mexican shareholders, to report information about...more

A&O Shearman

Losing control: What the Mints Court of Appeal judgment means for UK sanctions

A&O Shearman on

On 6 October 2023, the Court of Appeal handed down judgment in the case of Mints & ors v PJSC National Bank Trust & anor [2023] EWCA 1332. The judgment confirmed that the UK’s sanctions do not preclude the English courts...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Court of Appeal Comments on UK Sanctions Ownership and Control Test

On 6 October 2023, the UK Court of Appeal (the Court of Appeal) delivered its judgment in Mints v. PJSC National Bank Trust and PJSC Bank Otkritie.1 In its decision, the Court of Appeal confirmed that English courts can enter...more

WilmerHale

Court Judgment Regarding Scope of the Ownership and Control Test Under the UK Sanctions Regime

WilmerHale on

On Friday, 6 October 2023 the Court of Appeal handed down judgment in the case of Mints v PJSC National Bank Trust & Anr [2023] EWCA Civ 1132. This judgment is significant and is a key, albeit non-binding, indicator of the UK...more

Holland & Knight LLP

The Corporate Transparency Act: An Update

Holland & Knight LLP on

The Corporate Transparency Act (CTA) will be effective on Jan. 1, 2024. For the first time, the United States now will require certain legal entities to report to the federal government identifying information about the...more

Venable LLP

Wigging Out: The NLRB Overturns Another Trump-Era Test and Returns to a Stricter Independent Contractor Standard

Venable LLP on

On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more

Ervin Cohen & Jessup LLP

Court Rules Outside Salesperson Exemption Turns on Employer Control

Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more

Bricker Graydon LLP

The Saga Continues: Are Student Athletes Employees?

Bricker Graydon LLP on

This question, once settled, has seen increased scrutiny in recent years both from the National Labor Relations Board and courts that have considered the issue.2 One of those courts – the Third Circuit Court of Appeals, which...more

WilmerHale

OFSI Issues Updated Guidance Relating to Assessments of due Diligence Conducted in Relation to the “Ownership and Control” Test,...

WilmerHale on

The Office of Financial Sanctions Implementation (OFSI) has updated its ‘enforcement and monetary penalties for breaches of financial sanctions’ guidance, which was last updated in June 2022. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] New Jersey Workers’ Compensation: Independent Contractor Status in New Jersey Workers' Compensation: Where are We...

In New Jersey, multiple tests have been applied in workers' compensation cases to determine whether a claimant is eligible for compensation as an employee or ineligible as an independent contractor including: - The...more

Miller Canfield

NLRB’s Proposed New Joint Employer Rule: What to do now to manage the risk

Miller Canfield on

​​​​​​​On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more

Parker Poe Adams & Bernstein LLP

NLRB Continues Political Tennis Match by Reversing Joint Employer Rule

​​​​​​​In 2015, the Democrat-controlled National Labor Relations Board (NLRB) adopted a new standard for determining when two employers are jointly covered under federal labor laws applicable to a single set of employees. The...more

Benesch

NLRB Proposes Reversing Trump-Era Joint-Employer Standard

Benesch on

​​​​​​​On September 6, 2022, the National Labor Relations Board (the “Board”) issued a draft rule replacing and significantly altering the Trump-era 2020 joint-employer standard. Standard for Determining Joint-Employer Status...more

BCLP

With clarity comes conviction. How are crypto-tokens to be treated as property?

BCLP on

On 28 July 2022, the Law Commission published a consultation paper on digital assets. The outcomes of the consultation will inform the programme for law reform in England and Wales and may therefore result in the tabling of...more

BakerHostetler

Not Your Godfather’s Smackdown: Joint Employer Test Must Consider ‘Reserved or Indirect Control,’ D.C. Circuit Rules

BakerHostetler on

In 2009, the James Brown compilation album The Godfather’s Smackdown, Live! was released.It’sa two-disc compilation of live shows from 1980. I never saw James Brown live, but I did see James Brown’s Celebrity Hot Tub....more

Pillsbury Winthrop Shaw Pittman LLP

The Corporate Transparency Act and New Compliance Obligations for Real Estate Developers, Investors, Fund Sponsors and Others

One portion of the National Defense Authorization Act creates a federal beneficial ownership registry, with reporting requirements for corporations, LLCs and “other similar entities.” The Corporate Transparency Act creates...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

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