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Please Click HerePosted on July 27, 2015 by Sara J. Ackermann
On July 15, 2015, the U.S. Department of Labor (“DOL”) released an administrative interpretation that addresses the standard under the Fair Labor Standards Act (“FLSA”) for properly classifying workers as employees or independent contractors. While there has been a great deal of buzz surrounding this release, specifically over the DOL’s statement that “most workers are […]
Posted on July 22, 2015 by Ruder Ware Alumni
The Administrator of the US Department of Labor has issued guidance on determining whether an individual is an independent contractor or an employee of a company. This Interpretive Guidance goes a long way to declaring that the Department of Labor will be aggressively reviewing determinations of independent contractor status by a company and will likely […]
Posted on July 21, 2015 by Ruder Ware Alumni
Harassment and discrimination in the workplace continue to be evolving areas of law. In most U.S. jurisdictions, the rules seem to be fairly well-established as fair and balanced for both employer and employee. However, when the right case comes along, the balance can shift, and new standards can be adopted that favor one party over the […]
Posted on July 7, 2015 by Sara J. Ackermann
By now you probably have heard that the U.S. Department of Labor (DOL) has issued a “proposed rule and request for comments” regarding overtime eligibility. For those of you who want to chat intelligently about this topic at cocktail parties—but would prefer not to read the entire 295-page proposal—we offer the following FAQ: What is […]
Posted on July 6, 2015 by Ruder Ware Alumni
This scenario in worker’s compensation is familiar. A worker has a pre-existing, degenerating, and progressively deteriorating condition, in this case an old injury to his knee. Later, there’s an accident at work, shortly after which, knee surgery is required. The treating physician believes the work-injury necessitated the surgery and permanent partial disability. The independent medical […]
Posted on June 29, 2015
Shaughnessy advises clients on a wide variety of business transactional matters, including the organization of business entities; financing, sale and acquisition transactions; and related matters. He also assists clients who are involved in general business litigation matters. Prior to joining Ruder Ware, Shaughnessy served as a key senior leadership aide in the U.S. House of […]
Posted on June 26, 2015 by Ruder Ware Alumni
Recently, a federal appeals court determined that a cucumber farm violated the Fair Labor Standards Act when it classified its migrant laborers as independent contractors instead of employees, and failed to pay them the applicable minimum wage. The case is Perez v. D. Howes, LLC, No. 14-2026, — F.3d —-, 2015 WL 3833529 (6th Cir. […]
Posted on June 25, 2015 by Mary Ellen Schill
The United States Supreme Court just held in the King v. Burwell case that taxpayers in states which have not established their own exchange are still entitled to the premium assistance subsidies. The challengers in the Burwell case had argued that the language in the Affordable Care Act which authorized subsidies was limited to states […]
Posted on June 19, 2015 by Ruder Ware Alumni
Ruder Ware is pleased to announce the addition of Shaughnessy Murphy to our Eau Claire attorney team. Shaughnessy advises clients on a wide variety of business transactional matters, including the organization of business entities; financing, sale and acquisition transactions; and related matters. He also assists clients who are involved in general business litigation matters. Prior […]
Posted on June 9, 2015 by Ruder Ware Alumni
A recent decision by an appellate court in California held that the inability of an employee to work with a particular supervisor because of anxiety and stress caused by oversight from the supervisor was not a disability under California Disability Discrimination Law. As a result, the company did not discriminate against an employee who was […]