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The Legal Stuff
BT Currents - Hot Topics in Employment Law

28 Feb U.S. Supreme Court to Take Up Independent Contractor Arbitration Case

  Our sister labor and employment blog, Labor Relations, recently posted about an important case on the horizon for those in the transportation industry. This week, the Supreme Court agreed to hear the appeal of New Prime, Inc., a transportation company that is asking the Court to overrule the First Circuit and find that an independent contractor’s class action claim should be compelled to arbitration.   Employers who rely on arbitration agreements with their employees and independent contractors will want to pay attention as the…

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27 Jul Employee Can’t Count to 15 Under ADA Using Volunteers or Other Companies’ Employees

  One of the most significant ongoing type of employment issues is the treatment as employees of individuals the employer thought were not — interns are found to be entitled to back wages, nominal independent contractor status is repeatedly challenged in court and temporary agency workers are at risk of being treated as the customer’s employees as well.  Workers found to be employees are entitled to the protections of the various employment laws.   A secondary but sometimes equally important implication of employee status is…

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15 Jul DOL Cracks Down on Definition of Independent Contractors

According to the Department of Labor (DOL), most workers are “employees,” not independent contractors.   After years of watching more contract workers fall outside the categories of “employees,” this morning, the DOL issued an Administrator’s Interpretation regarding the alleged “misclassification” of workers as independent contractors, and broadly includes most workers as employees.   The DOL’s guidance responds to the skyrocketing usage of contract labor in the wake of increased government regulation, including the Affordable Care Act. Bucking this trend, agencies like the DOL have increased…

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15 Jun If the payroll company says it’s an employee …

I wrote here and here earlier this year about the importance of employers carefully reviewing who they consider to be an independent contractor so the employer avoids the various legal problems that can arise as misclassifying workers who should be employees as independent contractors. A recent decision from a federal court in Florida is another lesson in this. In Rezendes v. Domenick’s Blinds, two workers – an installer and a seamstress – won summary judgment from the court in a wage/hour case that they should…

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16 Feb Some HR Numbers That Should Be Zero In Your Organization LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

This week’s letter is Z, and Z is for zero. As I have written here before, there is a lot of gray in employment law, so some black and white answers are refreshing every now and then.  Here are some employment law related questions to which your organizations answer should be:  zero.   How many supervisors are handling information from medical providers relating to employee health information? (This should go through HR. Supervisors are on a need to know basis, such as knowing an employee’s…

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