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The misclassification of workers as independent contractors rather than employees has profound implications for both employers and workers, reverberating across various facets of the labor market and the broader economy. This distinction carries significant legal, financial, and social ramifications, influencing issues such as worker rights, job security, and employer responsibilities. The debate over proper classification has intensified in recent years, fueled by the gig economy's rise and the evolving nature of work relationships. Understanding the impact of this misclassification is…
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As most people are aware, we live in a world where juries are returning increasingly large verdicts against companies who are alleged of wrongdoing. The size of these verdicts have become so large that stories about the verdicts appear as front page news in popular newspapers and on widely-read websites. Indeed, verdicts over $10 million have become so common over recent years that they now have a name: the “nuclear verdict.” Juries have returned nuclear verdicts against defendants in several…
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Spring is in full bloom. The change of season provides an opportunity to delve into a little spring cleaning. It is a chance to reduce clutter and freshen up your home. However, how often do you think about applying the concept of spring cleaning to your business contracts? Just like a home, a business can truly benefit from a cleanup to revitalize and reinvigorate a company. Priorities in business vary according to industry, but closing deals is a common factor…
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As most people are aware, we live in a world where juries are returning increasingly large verdicts against companies who are alleged of wrongdoing. The size of these verdicts have become so large that stories about the verdicts appear as front page news in popular newspapers and on widely-read websites. Indeed, verdicts over $10 million have become so common over recent years that they now have a name: the “nuclear verdict.” Juries have returned nuclear verdicts against defendants in several…
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It’s unlikely you’ve ever met me, so I’m just some attorney writing a legal article to you and you don’t know much about me. You probably know that here at Setliff Law, we defend companies from lawsuits. You probably don’t know that before I came to Setliff, many years ago, I started out in law by hanging my own shingle. It takes guts and an eat-what-you-kill attitude to support yourself by word of mouth, and when you do that sort…
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In the Courts, sometimes it seems lawyers are still fighting for the principles which drove the American Revolution almost 250 years ago. One of those principles was the unfettered ability of British officials to search the property and papers of colonists - the dreaded “Writs of Assistance.” The writs were essentially open-ended search warrants - to obtain and execute them, officials didn’t need any specific evidence the target of the writ had committed a wrongdoing, and it didn’t need to…
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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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