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Insurance agents properly classified as independent contractors, dealing fatal blow to ERISA class action

January 31st, 2019

By Marjorie Johnson, J.D.
Reviewing the district court’s application of the Darden factors de novo, the Sixth Circuit held that following a bifurcated trial on the agent’s employee status, the district court misapplied two factors and didn’t give enough weight to the financial structure.
In a victory for American Family Insurance, a divided Sixth Circuit reversed a [Read more...]


FCRA’s standalone disclosure requirement violated by inclusion of state disclosure requirements

January 31st, 2019

By Kathleen Kapusta, J.D.
Citing to Syed, the Ninth Circuit explained that the FCRA means what it says: the required disclosure must be in a document that consists solely of the disclosure. Inclusion of state-mandated disclosure information undermined the FCRA’s purpose.
A prospective employer violates the Fair Credit Reporting Act’s standalone document requirement by including extraneous information [Read more...]


No actual injury necessary for Illinois biometric privacy act suit; fingerprint scan suit revived

January 31st, 2019

By Gregory Kane, J.D., M.B.A.
Apart from the statutory violation itself, no actual injury or harm is necessary to pursue an action for violation of the Illinois Biometric Information Privacy Act.
In a closely watched non-employment case, the Illinois Supreme Court ruled that a violation of the Illinois Biometric Privacy Act is sufficient grounds, without need of [Read more...]


FAAAA did not preempt New Jersey’s ‘ABC’ test for independent contractor status

January 31st, 2019

By Lisa Milam, J.D.
The Third Circuit found the state’s ABC test did not have a significant effect on “prices, routes, or services,” and was unpersuaded by the carrier’s contention that the test could drive up labor costs and thus prices.
The Federal Aviation Administration Authorization Act (FAAAA) did not preempt delivery drivers’ state-law claims they were [Read more...]


Nurse’s employer, prison where she worked, may be liable for prison employees’ conduct

January 31st, 2019

By Kathleen Kapusta, J.D.
Addressing an unresolved question of Maine law, the court held that MHRA Section 4633 did not bar a nurse’s suit against a non-employer third party for workplace discrimination. Further, her employer had an obligation to try to protect her from the hostile work environment.
Addressing “important issues about employer liability for a hostile [Read more...]