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Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

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The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Goldberg Segalla

NJ Supreme Court: Contracts are King in Determining Whether Real Estate Agents are Employees or Independent Contractors

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The Supreme Court of New Jersey issued a unanimous decision May 13, clarifying how the employment status of real estate salespersons associated with brokers should be determined. James Kennedy v. Weichert Realtors holds that...more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

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Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

Littler

Littler Lightbulb – March Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

Littler

U.S. Court of Appeals Offers Guidance on Applicability of Massachusetts Wage and Hour Laws to Out-of-State Workers

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The U.S. Court of Appeals for the First Circuit recently affirmed a district court finding that the Massachusetts Wage Act did not apply to a person who mostly lived and worked in Florida. While the court’s decision in...more

Littler

Littler Global Guide - United Kingdom - Q4 2021

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Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

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Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Ervin Cohen & Jessup LLP

Uber Relieved or Uber Mad? What Does the Recent UBER Misclassification Ruling Mean for Employers?

Ervin Cohen & Jessup LLP on

Last week, the California Labor Commissioner ruled that Uber driver Barbara Berwick was an employee and not an independent contractor, as Uber classifies all its drivers. The ruling was based on the Labor Commissioner’s...more

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