Articles and Blogs


DOL Says “Most Workers Are Employees,” Not Independent Contractors


Posted on July 17, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

On July 15, 2015, the U. S. Department of Labor (“DOL”) issued a Wage and Hour Division Administrator’s Interpretation that reasserts the broad definition of employee such that employers will rarely find that the individuals who work for them can be classified as independent contractors. This interpretation, although not having the effect of law, does indicate... READ MORE

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California U.C.C. Governs Consumer’s Download of Software from the Internet


Posted on August 26, 2012 in Health Information Technology

Written by: Spencer P. Goodson

An order issued on July 31, 2012 by the United States District Court for the Northern District of California in Gross v. Symantec Corporation found that the California Uniform Commercial Code applicable “sales” of “goods” does govern, despite the fact that the plaintiff downloaded the licensed software in question from the Internet. See 3:12-cv-00154-CRB;... READ MORE

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Say What You Mean and Mean What You Say


Posted on February 10, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Every “day” we see examples where the usage of ambiguous wording in employment policies leads to confusion and litigation.  While the people who drafted the wording may have decent annual salaries and may have understood what their wording was intended to mean, one wonders if they should “also receive two weeks paid vacation per... READ MORE

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