KEYTLaw

20 Ways Your Independent Contractor Might Be An Employee

On the Net — Thu, 11 Mar 2010 02:51:10 +0000

The law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. has an informative article that all employers should read. It is called “20 Ways Your Independent Contractor Might Be An Employee.” The IRS is conducting audits to find employers that have improperly characterized employees of independent contractors to avoid paying payroll taxes. The article says, “any worker classification analysis should begin with these two threshold questions:

Does the hiring company pay its regular employees to perform essentially the same duties as the subject worker who is treated as an independent contractor?
Has that worker previously been paid by the company as an employee to perform essentially the same task?”

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC.

Snowball Police Bust 4 Young Perps Who Now Face a Year in Jail

On the Net — Wed, 10 Mar 2010 18:48:31 +0000

Four young men from the Bronx were arrested by the snowball police and charged with weapons possession, attempted assault, menacing and harassment when one of them threw a snowball that hit a New York City transit officer. The member of New York’s finest, protecting and serving, did what any member of the governing elite would do in that situation – he pulled his gun and called for back up who arrested the guys. The DA won’t drop the charges and one of the dudes says he is going to sue the city for $10 million. He’ll probably win considering that New York paid a cop $4.5 million who fell backwards on his chair and shot himself in the knee. See “New York City Must Pay Cop $4.5 Million After He Accidentally Shot Himself.”

Michigan Jury Awards Harrassed High School Student $800,000

On the Net — Wed, 10 Mar 2010 14:48:43 +0000

A federal jury found that a Detroit’s Hudson Area Schools must pay a student $800,000 because the school did not protect the student from peer on peer harassment. The plaintiff alleged that the defendants violated Title IX of the Education Amendments Act of 1972, 20 U.S.C. § 1681, which provides that nobody “on the basis of sex. . . [shall be] subjected to discrimination under any education program receiving Federal financial assistance.” An educational institution that receives federal funds may be held liable for peer-on-peer sexual harassment if:

“(1) the sexual harassment was so severe, pervasive, and objectively offensive that it effectively barred the student’s access to an educational opportunity or benefit;

(2) the institution had actual knowledge of the sexual harassment; and

(3) the funding recipient acted with deliberate indifference to known acts of harassment.”

See the complaint and the jury’s verdict form.

Dad Drives Truck Over Daughter & Dad’s Employer is Liable for $24 Million

On the Net — Wed, 10 Mar 2010 14:26:49 +0000

A California court jury awarded a permanently injured 14 year old girl $24.3 million in damages because a big-rig truck owned by Freeway Transport Inc., ran over her. The jury award was the largest of its kind ever for a Sacramento County personal injury lawsuit. The driver of the truck that ran over the girl was THE GIRL’S FATHER! The judge ruled that the jury could not be told that the driver was the father because it would have been prejudicial.

Lindsay Lohan Sues E-Trade for $100 Million Because Ad Used the Word Lindsay

On the Net — Wed, 10 Mar 2010 03:18:56 +0000

Can you say bad publicity is better than no publicity? Former actress and paparazzi favorite party-girl Lindsay Lohan filed a lawsuit that should be a lot of fun to follow. She sued E-Trade over a commercial in which a baby had the audacity to say “Lindsay” without LiLo’s written permission. Everybody knows that when anybody says “Lindsay” they are referring to the one, the only Lindsay Lohan who must be properly compensated before her name can be used in vain in any commercial way.

See “Lindsay Lohan wants $100M over E-Trade ad” and “Lindsay Lohan sues over ;milkaholic’ E*Trade ad.” Here’s the complaint.

Co-worker Has Smelly Perfume so Employer Must Pay Injured Sniffer $100,000

On the Net — Wed, 10 Mar 2010 03:03:36 +0000

Here’s another outrageous lawsuit that drives people nuts. City of Detriot worker Susan McBride cannot stand her co-worker’s perfume so she complaints to management that does not solve the problem. Susan does what every other money hungry red-blooded American would do – she lawyers up and sues the city for violating her rights under the Americans with Disabilities Act (the “ADA). Do you think anybody in Congress thought when they passed the ADA that an allergy caused by a smell would be a disability that entitled the victim to compensation, not from the stinky perfume wearer, but from the perfume wearer’s employer? The city agreed to pay Ms. McBride $100,000 to make the lawsuit go away. See the settlement. Why didn’t the city order the smelly perfume wearer to cease and desist. Why didn’t the city separate the two people?

The story linked to above also has information about an earlier smelly Detroit case that resulted in an even bigger settlement. It tells about a DJ named Erin Weber who sued his/her employer who failed to prevent a co-worker from wearing perfume that bothered the DJ. A jury awarded the victim $10.5 million, but the court reduced the damages to a mere $814,000.

Obama & Feds May Ban Pleasure Fishing

On the Net — Wed, 10 Mar 2010 02:41:21 +0000

What do you think our founding fathers would say if you told them that the government of the United States may prohibit Americans from fishing? When did we change from the land of the free and the home of the brave to the land of big brother and the home of the no we can’ts? How many more freedoms will our government take from us? ESPN is reporting that “The Obama administration will accept no more public input for a federal strategy that could prohibit U.S. citizens from fishing the nation’s oceans, coastal areas, Great Lakes, and even inland waters.” That’s just great. Now we are going to get the fish police.

Lifelock to Pay Federal Trade Commission $12 Million

On the Net — Wed, 10 Mar 2010 02:33:02 +0000

Phoenix Business Journal: “LifeLock Inc. has settled a lawsuit brought against it by the Federal Trade Commission and 35 states for $12 million, ending a lingering legal battle about what the company promised in its advertising versus what it could deliver in regards to preventing identity theft.”

New Threat to Freedom – the Beer Police

On the Net — Wed, 10 Mar 2010 00:25:39 +0000

Can there be any more proof that the police have too much time on their hands or maybe there are too manycops enforcing the law than this story of beer busts in Pennsylvania? The Philadelphia Daily News has an incredible story called “Troopers raid popular bars for unlicensed beers” that starts:

IT WAS ELIOT NESS and the Untouchables, as played by the Keystone Kops. More than a dozen armed State Police officers conducted simultaneous raids last week on three popular Philadelphia bars known for their wide beer selections. The cops confiscated hundreds of bottles of expensive ales and lagers, now in State Police custody at an undisclosed location. The alleged offense: Although the bar owners had bought the beer legally from licensed Pennsylvania distributors and had paid all the necessary taxes, the police claimed that nobody had registered the precise names of the beers with the state Liquor Control Board.”

Consider for a moment that “more than a dozen” cops raided the three bars for selling beer that had been legally purchased. TWELVE COPS on a beer bust! The State Police confiscated four kegs and 317 bottles of the illegal contraband aka beer. There must not be any unsolved murders, violent crimes, home burglaries or other serious crimes anywhere in Pennsylvania. TWELVE COPS on a beer bust! Why didn’t one cop or a civil service pencil pusher just go to the bars and ask to inspect the beer inventory and issue a citation if there were a problem?

Estate Planning is a Vital Dialogue

On the Net — Tue, 09 Mar 2010 15:17:18 +0000

thespectrum.com: “Discussions with parents or other family members regarding estate planning can at times be difficult, emotional and stressful. This discomfort, however, cannot compare to the financial pain felt by family members whose parents die without having implemented estate planning strategies. Relying upon state governments to decide the management and distribution of our assets and property can be an unsettling experience. Probate costs and the time delays associated with municipal court systems may leave heirs financially unstable.”