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Setliff Law would like to congratulate one of its partners, Jason Mackey, on recently being admitted to practice in Tennessee. Mr. Mackey’s practice areas include personal injury defense, railroad defense, general litigation, insurance defense, premises liability, contract disputes, insurance coverage disputes, commercial landlord/tenant law, and transportation law. His experience includes civil defense representation of clients in both state and federal trial and appellate courts for claims brought pursuant to state common and statutory law, including claims arising under theories of…
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The DOL’s Final Rule on worker classification (the “Rule”) took effect on March 11, 2024, and the fierce opposition that existed before that date has pressed forward in hot pursuit of overturning the Rule. Critics of the Rule believe it is harmful to independent contractors—and to industry in general—because it severely restricts the freedom of Americans to have flexible work arrangements. It is particularly harmful across those industries that depend on hiring independent contractors, such as gig workers, financial advisors,…
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Setliff Law would like to congratulate one of its partners, Kevin Streit, on recently being admitted to practice in West Virginia. Mr. Streit has also been admitted to practice in the U.S. District Court for the Southern District of West Virginia. Mr. Streit has practiced law as a civil litigator in Virginia for nearly twenty-five years, focusing his practice primarily in the areas of insurance coverage disputes and litigation, trucking defense (including disputes over towing charges), personal injury defense, and…
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If you have more than two employees, Virginia will typically require you to have workers’ compensation insurance coverage. Some employers may attempt to sidestep this obligation and adjust the reported number of employees. Some of these attempts involve only paying their employees/workers through 1099 and/or referring to them as independent contractors. Make no mistake, if you are engaging in this sort of behavior then you playing a very dangerous game. In recent months there have been several changes in a…
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The Department of Labor (DOL) announced in January 2024 that it was issuing a Final Rule under the Fair Labor Standards Act (FLSA) to guide employers and employees in determining the status of a worker as an employee or independent contractor. The Final Rule takes effect on March 11, 2024, and is codified as 29 CFR § 795.100 through 795.115. Correct classification of a worker’s status is important: incorrectly classifying an employee as an independent contractor can mean the employee…
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If you’re anything like me, you spent the first few months of the COVID-19 Pandemic watching reality TV shows that captivated global audiences to discuss with friends, family, and on a host of online forums. One of those shows, Love is Blind, follows participants looking for love in which they meet in “pods” where they develop romantic connections before ever seeing one another. Since Netflix released season one of Love is Blind on February 13, 2020, an estimated 30 million…
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The process of hiring new employees is an essential part of any company’s success. However, there are potential risks that come along with the benefits of expanding the workforce. These risks include the possibility that the company could be faced someday with a negligent hiring claim in connection with a new hire. Negligent hiring claims seek to hold an employer directly liable for its own actions. This is different from vicarious liability. Under a theory of vicarious liability, an employer…
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The “midnight deadline,” with respect to a bank, is the Uniform Commercial Code’s (UCC) adaptation of the adage, “Nothing good happens after midnight.” The midnight deadline rule imposes strict liability on a bank to return dishonored checks by or before midnight of the day after the item was presented for payment. When a bank customer deposits a check into her account, her bank then presents the check to the payor bank for payment or return. If the payor bank dishonors…
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Tractor-trailers are the backbone of the American economy, transporting goods across vast distances. However, their sheer size and weight pose a significant safety risk to smaller vehicles in the event of a collision. One particularly dangerous scenario is the underride crash, where a car or motorcycle slides under the trailer's body, often with catastrophic consequences. Enter side safety guards, also known as underride guards, for tractor-trailers. These are not yet mandated but are becoming increasingly popular as their effectiveness in…
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Today’s vehicles have more and more electronics for safety and ease of use, but that convenience comes at a price. Using a new car’s features often requires connecting your phone to the vehicle and allowing the vehicle to access the information on your phone. Car companies are able to obtain more and more data on drivers, passengers, and even pedestrians, all without their knowledge or consent. At the very least, any consent provided is unknowing since the privacy policies are…
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