Posts tagged "Ninth Circuit"

Dynamex to Apply Retroactively in California Wage and Hour Cases, Says Ninth Circuit

A Ninth Circuit Court of Appeals panel presided over by Frederic Block recently issued its opinion in Vasquez, et al. v. Jan-Pro Franchising International, Inc., finding that the "ABC test" for worker classification adopted last year in Dynamex Ops. W. Inc. v. Superior Court should apply retroactively to all wage-and-hour cases in California.

Ninth Circuit Confirms Tribal Manufacturers Are Subject to Tobacco Excise Tax

The U.S. Court of Appeals for the Ninth Circuit issued an opinion in U.S. v. King Mountain Tobacco Co., affirming that tribal manufacturers of tobacco products on land held in trust by the United States are subject to the federal excise tax on manufactured tobacco products. The case began as an issue of delinquent excise taxes, which the tribal entity paid until 2009 when it fell into arrears. In the recently decided case, the tribal entity claimed an exemption to these taxes under the General Allotment Act of 1887, 4 Stat. 388, and the Treaty of the Yakamas of 1855, 12 Stat. 951.

Ninth Circuit finds that Tax Court failed to apply correct legal standard in transferee liability case.

On Monday the Ninth Circuit Court of Appeals issued an opinion in Slone v. Commissioner of Internal Revenue, No. 12-72464 (and related cases). At issue in Slone was whether shareholders of Slone Broadcasting could be held liable for the unpaid tax liabilities of Slone Broadcasting, including penalties and interest.

Alexander v. FedEx: The Ninth Circuit Follows Ruiz v. Affinity in Finding FedEx Drivers Not to be Independent Contractors

In a decision dated August 27, 2014, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit found that FedEx had a "right to control" the activities of 2,300 of its drivers. Normally, in the logistics and delivery business, this would not be exceptionally important news, except for the fact that FedEx has litigated this issue extensively in the past, and has gone to great lengths to devise an independent contractor based business model which would comply with California law.

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