BNSF Railway Co. v. Loos Earlier this term, the U.S. Supreme Court ruled in BNSF Railway Co. v. Loos that damages for lost wages qualified as “compensation” because they were payments for working time lost due to a work-related injury and thus were subject to employment taxes under the Railroad Retirement Tax Act (“RRTA”). Facts […]
Capparelli v. Lopatin The appellate division of the New Jersey Superior Court recently issued a decision in Capparelli v. Lopatin. The court concluded that a lack of a replacement mechanism for an arbiter who had withdrawn from serving in that capacity in a dispute resolution as called for by the arbitration agreement, voiding the agreement […]
Recently, On April 24, 2019, the U.S. Supreme Court issued its ruling in Lamps Plus, Inc., v. Varela. The Court concluded that, under the Federal Arbitration Act, an ambiguous agreement could not provide a sufficient contractual basis to compel class arbitration between an employer and an employee. The respondent in the case, Frank Varela, filed […]
Employers in Pennsylvania and New Jersey have a lot on their plates. Hiring and retaining skilled workers, keeping customers happy, making production targets and deadlines, and finding new customers are some of the most basic elements of running a business, not to mention the need to turn a profit. What many employers do not do […]
EMPLOYMENT LAW Independent Contractors Who Work in Transportation May Not Be Forced Into Mandatory Arbitration New Prime, Inc. v. Oliveira, 2019 WL 189342 (U.S. January 15, 2019) involved a dispute between New Prime Inc., an interstate trucking company and one of its drivers, Dominic Oliveira. Mr. Oliveira worked under an operating agreement that classified […]