Are Your Independent Contractors Really Employees?

According to the Department of Labor’s (“DOL”) most recent guidance on the difference between an “employee” and an “independent contractor,” the answer to this question is likely: “Yes.” On July 15, 2015, the DOL issued an Administrator’s Interpretation on the application of the Fair Labor Standards Act’s (“FLSA”) standard used to identify employees who are…

Alternate Avenues of Risk and Recovery

Wilks v. Manobianco, __ P.3d __, 2015 WL 4132181 (Ariz. July 9, 2015) Plaintff obtained UM and UIM automobile insurance coverage from defendant broker for two years.  Following this time, plaintiff switched to another automobile insurance company.  One year later, plaintiff decided to go back to his first carrier and contacted defendant, allegedly instructing him…

Case Summary – EEOC v. Abercrombie & Fitch

On June 1, 2015, the United States Supreme Court issued an opinion in EEOC v. Abercrombie & Fitch Stores, Inc.  The majority opinion, authored by Justice Antonin Scalia, analyzed whether an employer must have actual knowledge of an applicant or employee’s religious belief before the protections of Title VII attach to him or her. In…

Business Pursuits and the Duty to Defend

Preferred Mutual Ins. Co. v. Vermont Mutual Ins. Co., __ N.E.3d __, 2014 WL 9909470 (Mass. App. Ct. June 17, 2015) Preferred Mutual Insurance Company (hereinafter “Preferred”) brought a declaratory judgment action against Vermont Mutual Insurance Company (hereinafter “Vermont”) seeking a determination that Vermont had the sole obligation to defend and indemnify Joseph Munyon.  This…