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Fair Labor Standards Act: Definition of “Companionship services”

On August 8, 2019, in Uncategorized, by admin

Fair Labor Standards Act The Fair Labor Standards Act (FLSA) provides a national minimum hourly wage (29 U.S.C. § 206), mandatory overtime compensation (29 U.S.C. §  207), and restrictions on the employment of minors (29 U.S.C. § 212). The FLSA also requires employers to maintain accurate employee records in accordance with the Act’s provisions (29 U.S.C. § 211). […]

Class Action Lawsuit and Department of Labor!

On July 19, 2019, in Uncategorized, by admin

Definition A class action is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member of that group. The class action originated in the United States and is still predominantly a U.S. phenomenon, but Canada, as well as several European countries with civil law, have […]

New York LPN Requirements: Rules of Independent Contractors

On June 25, 2019, in Uncategorized, by admin

In order to be an LPN in New York, a person must be at least 17 years old and have a high school diploma or GED, plus at least nine months of nursing education. There are many program options. A candidate can complete a practical nursing program approved by the New York State Education Department, […]

Wage and Hour Division Announcement

On June 10, 2019, in Uncategorized, by admin

WHD Administrator Weil Announces Impending “Administrator Interpretation” Regarding Contractor Status Read the articles: WHD Administrator Announcement      “Administrator’s Interpretations” from the Wage-Hour Division have been relatively few and far between since their implementation in 2010. However, on Friday Administrator David Weil, speaking at a conference at New York University School of Law, indicated his office […]

DOL -the nurses placed by Mr. Dorvilier are in fact not employees but INDEPENDENT contractors

On May 29, 2019, in Articles, Uncategorized, by admin

UNEMPLOYMENT INSURANCE APPEAL BOARD, DEPARTMENT OF LABOR found that the nurses placed by Mr. Dorvilier are in fact not employees but INDEPENDENT contractors A.L.J Case No. 099-03419 According to A.L.J Case No.099-03419, Administrative Law Judge JEAN BELL, New York State Unemployment Insurance Appeal Board and Department of Labor ruled that Harry’s Nurses Registry “is an […]

STATE INSURANCE FUND V HNR, INC., Case #406555/07- NURSES ARE INDEPENDENT CONTRACTORS

On May 28, 2019, in Articles, Uncategorized, by admin

Case #406555/07 Judge Tingling – Case #406555/07: 1. 27,000 short premium is out the state insurance fund policy was from 2/7/2006 to 6/19/2007. Therefore the policy was more than a year. The short premium rate is not applicable in this case. 2. Judge Tingling interpretations of 11 employees earnings a total of $301,280 (see Plantiff […]

Improperly Classifying Employees as Independent Contractors: What are the Penalties?

On March 18, 2019, in Uncategorized, by admin

Penalties for Misclassifying Independent Contractors | Misclassifying employees as independent contractors is a serious issue that could cost your company money. Learn the penalties you need to avoid. Click and read detail on this Blog NY Law Journal “Analyzing the Latest Risks of Worker Misclassification”

What does Red Flag Case Mean !

On December 19, 2018, in Uncategorized, by admin

A red flag warns that the case is no longer good law for at least one of the points of law it contains. For instance, the decision was reversed on appeal or overturned years later by a decision of the same court. Read More Here