Monthly Archives: June 2015

11th Circuit Update: Independent Contractor, WARN Act

By Scott • Wagner and Associates |

Carlson v. FedEx Ground Package Sys., Inc., No. 13-14979 (11th Cir. May 28, 2015) Brief summary: Determination of Whether a Worker Is Independent Contractor or Employee is Question of Fact In Carlson v. FedEx, drivers for FedEx challenged whether they were properly classified as independent contractors through claims of Florida’s Deceptive and Unfair Trade… Read More »

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Employment Law: Are Franchisors Liable for their Franchisees?

By Scott • Wagner and Associates |

The cornerstone of the historical franchise business model is the concept that the franchisee is independent from the franchisor and is fully responsible for its own legal compliance. This is a mutually appreciated tenet by both parties. Since franchising began, however, claimants have attempted to assert that franchisors should join franchisees in their responsibilities… Read More »

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11th Circuit Update: Disability, Protected Activity, Harassment

By Scott • Wagner and Associates |

Sandra Nolley v. AT&T Services, Inc., et. al. No. 14-13470 (11th Cir. May 1, 2015) Denial of Disability Benefits Not De Novo Wrong When Claimant Did Not Meet Definition of Disabled Brief summary: Sandra Nolley, a pro se litigant, appealed summary judgment in favor of AT&T Services and Sedgwick Claims Management Services, Inc. regarding… Read More »

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Health Issues Caused By Excessive Working Hours Not Enough for an Seaman’s Negligence Claim Against Employer Under Jones Act

By Scott • Wagner and Associates |

In Skye v. Maersk Line, the 11th Circuit was posed with the question of whether a seaman, former chiefmate, could recover monetary damages under the Jones Act for an injury stemming from excessive overtime work hours to the point of fatigue and erratic sleep schedule. Skye was diagnosed in 2000 with benign arrhythmia and… Read More »

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Workplace Safety: Texting while Driving

By Scott • Wagner and Associates |

In addition to the safety issues related to employees texting while driving, employers could also face potential legal problems. The Occupational Safety and Health Act of 1970 (OSH Act) requires employers to provide a workplace free of serious recognized hazards. According to OSHA (as part of their Distracted Driving Initiative), “Employers who require their… Read More »

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