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Weber Gallagher Simpson Stapleton Fires &...

Surveillance, Attorney Fees, and Employment Status: Recent 3rd Dept. Decisions

Weber Gallagher Simpson Stapleton Fires &... on

There were three new 3rd Dept. cases of note from yesterday (two workers’ compensation cases and another relevant case): Hurley v. Lawrence School District. This case would seem to be self-evident. The claimant, a special...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Employees, Independent Contractors, and ERISA

Morrison & Foerster LLP - Left Coast Appeals on

This week, this Ninth Circuit once again issued a number of opinions arising from the employment relationship. Here, we focus on two of particular interest. In the first, the Court sought to unravel whether an emergency room...more

Poyner Spruill LLP

DOL Gets Reined In - Fifth Circuit Court of Appeals says the agency pushed too far in worker misclassification case

Poyner Spruill LLP on

As most employers know, the United States Department of Labor (DOL), along with many other federal and state agencies such as the Equal Employment Opportunity Commission, has focused on pursuing employers for misclassifying...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Sanctions DOL for Frivolous Claims Against Employer

Parker Poe Adams & Bernstein LLP on

Employers involved in recent years in legal disputes with the federal government have noticed an increasingly aggressive litigation posture taken by federal agencies. The government makes extraordinary settlement demands, or...more

Hinshaw & Culbertson LLP

Attorney fees claim becomes the tail that wags the litigation dog

Hinshaw & Culbertson LLP on

In Ellis Law Group LLP v. Nevada City Sugar Loaf Properties LLC, 2014 DJDAR 13541, the California Court of Appeal for the Third Appellate District decided a case implicating the doctrine that self-represented law firms may...more

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