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New Jersey Law Journal

Dancer's Statutory Claim Against Club Not Subject to Arbitration

The U.S. Court of Appeals for the Third Circuit has reinstated a suit claiming that exotic dancers at a men's club have been wrongly classified as independent contractors.
8 minute read

The Legal Intelligencer

'Protz': Problems for Practitioners and Politicians

On June 20, the Pennsylvania Supreme Court declared Section 306(a.2) to be unconstitutional under Article I, Section II of the Pennsylvania Constitution pursuant to the nondelegation doctrine in Protz v. Workers' Compensation Appeal Board (Derry Area School District), 161 A.3d 827 (Pa. 2017). Protz has electrified the workers' compensation bar.
6 minute read

The Recorder

Ninth Circuit Routes Apple Store Worker Suit Over Security Screening Pay to State Supreme Court

The Ninth Circuit asked the California Supreme Court to weigh in on whether state law requires Apple Inc. to pay workers at its retail stores for time spent waiting for security checks at the end of work shifts.
2 minute read

New York Law Journal

Gurrieri v. County of Nassau

Only AMTs' FLSA Overtime Claims Against County Survive; Complaint May Be Amended to Add Facts
2 minute read

The Legal Intelligencer

Crespo v. Hughes, PICS Case No. 17-1227 (Pa. Super. July 18, 2017) Ransom, J. (35 pages).

Trial court erred in precluding plaintiff's conviction for receipt of stolen property, where crimen falsi evidence was per se admissible, and where evidence of the conviction was relevant to plaintiff's wage loss claim. Judgment reversed in part and affirmed in part, case remanded for new trial on damages.
4 minute read

New Jersey Law Journal

In the Matter of County of Atlantic

Salary Step Increases Required to Remain in Place until Parties Reached New CBA, Under Terms of Prior CBA
6 minute read

New York Law Journal

MacIntyre v. Moore

Town's Fired Inspectors Fail to State Claim Under FLSA, ERISA; May Re-Plead FLSA Claim
2 minute read

The Legal Intelligencer

Independent Contractor or Employee: Court Tackles Issue Once Again

As outlined in this space back in June, the nature of an ­employment relationship is a question of law that is to be determined on a ­case-by-case basis. The Commonwealth Court case of Hawbaker v. Workers' Compensation Appeal Board, (Kriner's Quality Roofing Services and UEGF), 224 C.D. 2016, ­provided a springboard for discussing under what circumstances an injured worker can be considered an employee versus an independent contractor. Hawbaker also ­offered a comparison between the ­"traditional" factors in determining whether an ­employer-employee relationship exists and the ­specific statutory requirements of the 2010 Construction Workplace Misclassification Act (CWMA), which sought to codify criteria for ­classification of independent contractors in construction settings.
5 minute read

New Jersey Law Journal

Jones v. Morey's Pier, Inc.

Defendant's Cross-Claim or Third-Party Claim against Public Entity Barred for Untimely Notice of Claim, Though Evidence of Its Negligence Still Admissible
3 minute read

Texas Lawyer

How to Determine When Litigation Costs Include Attorney Fees

Under the American Rule, a party may only recover attorney fees on certain narrow claims. When a party has some claims that support the award of attorney fees and some claims that do not, then the party must segregate the recoverable attorney fees from the nonrecoverable attorney fees.
5 minute read

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