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Who Are 'Employees' and How Should We Treat Them?
The 2014-15 New Jersey Supreme Court term brought major decisions on diverse employment law issues ' employer liability for sexual harassment, how to determine whether a worker is an “employee” for purposes of wage and hour laws, the extent of protection afforded watchdog employees under the Conscientious Employee Protection Act (CEPA), and the negotiability of furlough decisions by municipal employers.
Who Is an Employee?
In Hargrove v. Sleepy's, 220 N.J. 289 (2015), the court addressed a certified question from the United States Court of Appeals for the Third Circuit, touching on one of the hottest issues in current employment law ' when is a worker who has been designated an “independent contractor” really an “employee”? Specifically, the federal appellate court asked the state Supreme Court to decide: “Under New Jersey law, which test should a court apply to determine a plaintiff's employment status for purposes of the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq., and the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a, et seq .?” The court concluded that the “ABC” test derived under the New Jersey Unemployment Compensation Act ' providing the broadest definition of employee ' should apply under the Wage Payment Law and the Wage and Hour Law as well.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.