Posts tagged Independent Contractors.

For your Labor Day Weekend enjoyment.

How can I sue thee? Let me count the ways.

With maybe some relief for employers.

Are you in the know?

Are Human Resources representatives advocates for employees, or shills for the corporate bigwigs?

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"Come share your workplace concerns with me," said the spider to the fly.

I suppose you've been following the story about how Amazon (1) is the worst place in the world to work, (2) no it isn't, (3) anyway, the New York Times didn't do good research and based its story on too many anecdotes

"An apple a day keeps the doctor lawyer away." Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these involve major expense, or even the use of lawyers.

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"These tips will take away your pain."

1. Err on the side of treating your workers as (a) non-exempt and (b ...

Law360 reported this morning that the U.S. Department of Labor issued a memorandum addressing the "independent contractor versus employee" issue, taking the position that most workers are actually employees within the meaning of the Fair Labor Standards Act.

We'll have more on this after we've had an opportunity to review it in more depth. Meanwhile, here is the Memorandum

Maybe it's just me, but workplace harassment issues seem to come in waves -- I'll go months, or even a year, without an issue, and then WHAM! everybody has a "situation," or at least they need to get their preventive training done.

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"Darn it."

 

Right now, we're in a bit of a "flash flood," so I thought it might be a good time to review the basics, with some updates.

WHAT ARE THE FIVE ...

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest. 

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square! 

Two weeks ago, I wrote about whether harassment training should be offered to employees in "the Twilight Zone" -- mainly, lead persons and contingent workers (temporaries and independent contractors). Reader Paul C. suggested that I do a post on the dangers associated with keeping "temps" too long, which I thought was a great idea. So, Paul, thank you!

In our insecure economy, temps and ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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