By

Tim Coffield
Virginia’s misclassification of workers statute allows workers to file suit against their employers who have misclassified them as independent contractors. If the worker prevails, the court may award the worker any wages, employment benefits, or other compensation lost as a result of the employer improperly classifying the worker as an independent contractor. Difference Between Independent Contractors...
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In the oldie-but-goldie decision of Steiner v. Mitchell, 350 U.S. 247 (1956), the Supreme Court held that time workers spend on activities performed before or after regular working hours is compensable under the Fair Labor Standards Act, if the activities are “integral and indispensable parts of the principal activity” of the worker’s employment. This holding, and the...
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Charlottesville attorney Tim Coffield discusses recent advances in Title VII protections for LGBTQ employees.
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For the full report, go here. Of the sites in Virginia explored so far, only the Coles Hill uranium deposit appears to have the potential to be economically viable. Extensive site-specific tests would be required to determine the most appropriate mining and processing methods for each uranium deposit. Geological exploration carried out to date indicates...
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In Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994), the Supreme Court distinguished between “parody” and “satire” as follows: For the purposes of copyright law, the nub of the definitions, and the heart of any parodist’s claim to quote from existing material, is the use of some elements of a prior author’s composition to create a...
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As much as the natural gas industry complains about the costs of environmental compliance, it spends a great deal of time and money fighting to keep hydraulic fracking unregulated, and its claims of safety and economic prosperity unquestioned. Their campaign to put a happy face on this harmful technology is designed to stifle the growing...
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In a new phase of the decades-long feud over the degradation of the Great Lakes, Michigan has sued Illinois again, this time over Michigan’s worries about “the threatened invasion of the Great Lakes by injurious fish species — resulting from the Lake Michigan diversion project created and as now maintained by Illinois, the [Metropolitan Water Reclamation...
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Techdirt asks: Can A Monkey License Its Copyrights To A News Agency? and David Post explains why the answer must be yes.   Apparently, David Slater, a well-known nature photographer, left his camera on the ground in an Indonesian national park, and a macaque monkey walked over and snapped a bunch of photos, including this (remarkable!) self-portrait:...
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Chest bump to the Tenth Circuit, chest bump to the 2001 roadless rule.  The biggest remaining swath of unprotected wild America is now, finally, protected. The appeals court reinstated the rule, which blocks logging and road construction on 49 million acres of public forests. In a mammoth 120 page opinion, the court overturned a Wyoming federal court’s...
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On Friday, the First Circuit upheld the $1.5 million damages award in Carlos Osorio table saw case.  Osorio, a carpenter untrained in the table saw, lost his hand to a Ryobi table saw after removing all of the saw’s safety features.  The decision was made because Ryobi had neglected to incorporate flesh-sensing brake technology into...
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