Each day, employers are faced with many dilemmas relating to operating both legitimately and lawfully. One of the most vexing issues is how to classify a worker. Recently, the decision made by the employer has reached heightened significance, seemingly in lockstep with agency enforcement efforts and penalties. More recently, I authored an article based upon…
Recently, the Federal Motor Carrier Safety Administration issued a notice of proposed rulemaking that will affect safety fitness determinations and, in turn, carriers. The FMCSA’s notice of proposed rulemaking was published in the Federal Register on Thursday, January 21, 2016, and may be available at www.regulations.gov; docket number FMCSA-2016-0001. The deadline for all initial comments…
In a recently reported court decision issued by New York State’s Appellate Division (the state’s second highest court), the appellate court agreed with the business owner’s argument that certain persons working as pyrotechnicians are independent contractors under the state’s unemployment insurance laws. The author of this article represented the business owner at the hearing and…
Your insurance company has agreed to defend you in a lawsuit, but who is going to represent you. As the insured paying the insurance premiums to a grateful insurance carrier you have two choices, and the choice is clear. You have every right and entitlement, and leverage, to instruct the insurance carrier that you want…
