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The New York State Department of Taxation and Finance has finally issued guidance related to its application of the convenience of the employer test during the Covid-19 pandemic. In its Frequently Asked Questions , the Department applies current policy...

Quoting Larson’s Workers’ Compensation Law , the Supreme Court of Nebraska reversed a finding by a lower appellate court that had set the average weekly wage (AWW) of a business owner at $1,399.45, entitling the owner to the maximum compensation...

Payments made to participants in New York’s work experience program (WEP) are “wages” for purposes of the state’s workers’ compensation law [see N.Y. Workers’ Comp. Law § 2(9)], and should be utilized in computing...

Spencer Woodman, The Intercept, Oct. 10, 2017 - "In June, officials at a privately run Immigration and Customs Enforcement detention center in rural Georgia sentenced an immigrant detainee to a month in solitary confinement to punish him for encouraging...

Tiffany Hu, Law360, Feb. 2, 2018 - "A Colorado federal judge on Friday partially granted class certification to more than 91,000 au pairs alleging that multiple sponsor agencies colluded to set low pay rates, finding that of the proposed classes...

Admiral Ins. Co. v Kay Automotive Distributors, Inc. , 2015 U.S. Dist. LEXIS 11357 (C.D. Cal. Jan. 29, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. In Admiral , the Central District of California...

By E. Lynn Grayson EPA recently announced it plans to take final action later this year to authorize collection of non-tax debts by garnishing wages which may occur without a court order. Public comments submitted to date on EPA's proposed action...

WASHINGTON, D.C. - (Mealey's) The District of Columbia U.S. Circuit Court of Appeals on Jan. 25 declined to enforce a National Labor Relations Board ruling that an employer violated the National Labor Relations Act (NLRA) by refusing to reduce an...

WASHINGTON, D.C. — (Mealey’s) Severance payments fall within the Federal Insurance Contributions Act’s (FICA) definition of wages and are taxable, Assistant to the Solicitor General Eric J. Feigin told the U.S. Supreme Court Jan. 14...

In a decision in which the plurality, the concurring, and the dissenting opinions all quoted Larson’s Workers’ Compensation Law , the Supreme Court of Vermont held that an individual who sustained injuries while student teaching received “wages”...

When there is no other evidence on the issue of rate, the statutory minimum rate of $40 a week applies. The claimant has the burden to prove rate. Boilerplate pleading asserting the "maximum" rate on a claim did not entitle claimant to the statutory...

In computing the social security offset required under Wash. Rev. Code § 51.32.220, the state’s Department of Labor and Industries need not adjust the claimant’s wages for inflation, held a state appellate court. The statute requires...

Emphasizing that the definition of “employee” within the context of workers’ compensation law was not identical with the common law definition and that the tests used to determine whether a particular worker was an employee versus an...

On September 7, 2012, New York Governor Andrew Cuomo signed into law a statute, N.Y. State Assembly Bill No. A10785-2011 , relating to permitted deductions from employees' wages ("the Act"). Effective November 7, 2011, the Act amends New...

Over the past several years, seemingly, we're seen the NLRB take a more active interest in employee handbooks. We've certainly seen it with respect to social media policies; especially, where these policies purport to limit the rights of employees...