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Burden of Proof Independent Contractors

Fisher Phillips

SCOTUS to Ponder Proof in Wage Misclassification Case: 5 Steps for Employers to Comply with Overtime Exemption Rules

Fisher Phillips on

What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more

Tonkon Torp LLP

Update On Proposed Oregon Legislation – What Employers Need To Know

Tonkon Torp LLP on

For this second installment in our legislative update series we have a status report on the employment-related bills discussed in our previous alert, as well as a survey of the bills that have since been introduced related to...more

K&L Gates LLP

Oregon Employment Legislation to Keep an Eye on This Year

K&L Gates LLP on

As the Oregon 2021 legislative session gets underway, there are several bills that, if passed, would have a significant impact on the employment landscape: lowering burden of proof requirements for employees bringing claims...more

Tonkon Torp LLP

What The 2021 Oregon Legislature Has In Store For Employment Law

Tonkon Torp LLP on

The Oregon Legislature has now begun to meet for the 2021 Regular Session. We want to make you aware of a number of interesting bills which could impact the employment arena. It is too early to know which of these, if any,...more

Fisher Phillips

The California Legislature Is Back in Town! Which Pending Bills (and Executive Orders) Will Impact The Workplace?

Fisher Phillips on

After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Payne & Fears

California Supreme Court Takes a Sharp Turn in Decision Involving Classification of Delivery Drivers

Payne & Fears on

The California Supreme Court has taken a significant step away from the long-used multifactor test to determine whether individual workers are employees or independent contractors, and toward a test that presumes workers in...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Hinshaw & Culbertson LLP

Medical Litigation Newsletter - Spring 2016

Reducing Monetary Recovery in “Lost Chance Of [Medical] Recovery” Cases - In medical malpractice cases involving solely “iatrogenic” loss (e.g., harm of or relating to medical treatment), plaintiff bears the burden of...more

Eversheds Sutherland (US) LLP

March 2013 - SALT Shaker Newsletter

In this issue: - Delivered by Independent Contractors, Undelivered by P.L. 86-272: Order Fulfillment Activities Subject Out-of-State Seller to New York Corporation Franchise Tax - Everything’s Bigger in Texas,...more

Stinson - Benefits Notes Blog

Independent Contractor Or Employee – It Can Depend Upon Who Has The Burden Of Proof

Those of us who work in the benefits area understand that the distinction between employee and independent contractor is an important one, but one in which the determination is not always clear. In many cases, the IRS takes...more

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