.Often times, companies are more focused on the more fundamental aspects of a contract, like price and timelines for completion of tasks. They may overlook some terms that seem more like blanket or form language- but this is where the phrase "the devil is in the details" comes to mind.
The Supreme Court of New Jersey recently accepted a case that could have far reaching implications for how employee relations and worker’s compensation are handled moving forward. The case, Vitale v. Schering Plough, involves the validity of third-party lawsuit waivers in employment contracts. Lower courts have found that such waivers violate public policy and are thus unenforceable.
More than a year ago now, the Food and Drug Administration released its final rule on Produce Safety (formally known as “Standards for the Growing, Harvesting, Packing and Holding of Produce for Human Consumption”). The rule resulted from Congress’ passage of the Food Safety Modernization Act (FSMA) at the end of 2010 and constituted part of a major push to upgrade food safety procedures in the United States. However, a new report from the Government Accountability Office (GAO) calls into question the efficiency and efficacy of the FDA’s attempts to regulate this area.
The Food and Drug Administration’s new rule on Sanitary Transportation of Human and Animal Food starts to take effect in mere months for those carriers that do not qualify as small businesses. The rule defines small businesses for motor carriers as those carriers with less than $27.5 million in annual receipts.
Business contracts often involve painstaking negotiations over contract clauses related to performance and price. Given the care and time spent on these major clauses, it can be relatively easy to overlook other sections of the contract that seem like boilerplate. These boilerplate terms of the contract, however, can have a great effect on the outcome of any dispute should one arise.
Whether a business classifies someone as an independent contractor or an employee can have far-reaching effects in a large number of fields: workers’ compensation, taxation, liability insurance, health care, unemployment insurance etc. A company can gain many benefits from classifying someone as an independent contractor. However, misclassifying someone as an independent contractor can lead to severe penalties with the IRS, Department of Labor and other organizations.