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average weekly wage
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Eversheds Sutherland LLP
over 2 years ago
Tax Law
News Headlines
Long-Awaited Guidance from New York State Concludes Wages from Telecommuting Due to Covid-19 are New York-Sourced
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...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Nebraska: Profit from Small Business Does not Equate to “Wages” for AWW Pur-poses
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...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Work Experience Program Benefits Are “Wages” for Purposes of Computing Average Weekly Wage
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...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
ICE Detainee Sent to Solitary for Encouraging Protest of 'Voluntary' Low-Wage Labor
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...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
J-1 Au Pairs Win Class Certification in Wage Suit (Beltran v. Interexchange)
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...
Troutman Sanders
over 7 years ago
Insurance Law
Insurance Policy Exclusions
Wage and Hour Exclusion Barred Coverage for Underlying Wage and Hour Class Action Asserting Claims for Misrepresentation, California Labor Code Violations and Unfair Competition
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...
E. Lynn Grayson
over 8 years ago
Environmental
Environmental Law and Regulation
EPA May Garnish Wage Without Court Approval
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...
Bajeerah LaCava
over 10 years ago
Litigation
Litigation Blog
D.C. Circuit: Labor Board Lacked Quorum In February 2012
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...
Bajeerah LaCava
over 9 years ago
Litigation
Litigation Blog
U.S. High Court Hears Oral Arguments In Dispute Over Taxing Severance Payments
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...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Vermont: “Value” Received by Student Teacher/Intern Constitutes “Wages” for Workers’ Comp Purposes
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”...
Martin Klug
over 10 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Missouri: Commission Guts Benefits to Sex Assault Victim
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...
Larson's Spotlight
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Washington: No Adjustment for Inflation Required In Computing Social Security Offset
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...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Vermont: Lack of “Wages” Sinks Volunteer Driver’s Comp Claim
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...
David S. Rich
over 10 years ago
Labor and Employment Law
Labor and Employment Law Blog
New York Amends Its Wage Deduction Statute To Permit Employers To Make New Types Of Deductions From Workers' Paychecks
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...
Eric Meyer
over 9 years ago
Labor and Employment Law
Labor and Employment Law Blog
Wages Aren't Confidential, You Guys. Your Employees Can Discuss Them.
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...
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