Hunt & Associates P.C.

Aug 26, 2013

The Private Side of Law – You’ve Got to Buy it to Know What it Says

Many industries related nonprofit entities develop and publish industry standards which are then incorporated by reference into statutes and regulations having the force of law.  Both governments and private industry rely on such standards.  Such standards are seldom if ever published by any governmental entity or otherwise available to the public without cost.  Instead, to obtain those standards it’s necessary to purchase them from the private entity which developed them.  That is, to know what … Read more

Aug 22, 2013

The “Business” of Civil Forfeiture

Federal and state civil forfeiture laws authorize police to seize property which may have been used or obtained through criminal conduct even if the owner has never been convicted or even charged with any crime.  The abuse of civil forfeiture laws by local, state and federal officials has become a subject of genuine concern and discussion.  [See Sarah Stillman’s article of 8/12/13 in The New Yorker; Steven Greenhut’s article of 8/16/13 in Reason; … Read more

But the Contract Says I am an Independent Contractor!

When trying to answer the question of whether an individual providing services is an employee or an independent contractor, there is no clear answer, even when you have a written agreement that clearly states that the individual is an independent contractor. The Oregon Court of Appeals recently held that where you have such an agreement, the court will still look to see if the actual facts support whether an independent contractor or employment relationship exists.  … Read more

Aug 20, 2013

Criminal Background Checks of Prospective Employees

The EEOC is currently attacking employers with policies disqualifying job applicants who have been convicted of crimes.  On June 11, 2013 the EEOC announced that it was initiating litigation in federal court in South Carolina against BMW Manufacturing Co., LLC and had just filed another federal court case in Chicago against Dolgencorp dba Dollar General.  In both cases the EEOC claims that the employer’s use of criminal background checks in the hiring decision is not … Read more

Aug 15, 2013

Over Lawyered?

One of my favorite legal blog sites is overlawyered.com which pretty well surveys the frequent instances of insanity occurring or produced in our legal system. Two recent posts on that blog illustrate some of the insanities which the legal system has ultimately accommodated if not encouraged.

In an Ohio case two law professors have been fighting each other in divorce court for the past 17 years with more hearings scheduled.  Despite pointed criticism by both … Read more