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Determining Law Firm Employee Classification Through the ABC Test
Law firms have traditionally been large consumers of contract labor for a variety of purposes. Such positions often include of-counsel attorneys, discovery attorneys, investigators, and temporary workers of all sorts that are engaged to work on a specific matter. These workers are traditionally classified as independent contractors, issued a 1099 and treated as ineligible for employee benefits.
In recent years, many states have started to adopt the "ABC" test to determine whether a worker should be classified as an independent contractor or an employee. Under the ABC test, there is a general presumption that all workers are employees and that only workers who are performing tasks outside the general course of the employer's business should be considered independent contractors. Under the ABC Test, a contract attorney hired to work on litigation by a law firm must be classified as an employee, but a plumber who is called in to fix the restroom remains an independent contractor.
In conjunction with the adoption of the ABC Test, states impose severe penalties for misclassifying employees as independent contractors.
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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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.