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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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27 Jul 2015 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 2015 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 2015 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 2015 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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02 Feb 2015 7 Questions Employers Should Ask Themselves Every Year LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

This week Y is for year – a good guideline for the longest employers should go without asking themselves these questions to make sure they are taking advantage of opportunities to minimize employee-related liability:   Do you have accurate job descriptions, regularly signed off on by the employees, that will help you manage and defend ADA, wage and hour, and other employment issues and claims?   Have you reviewed each employee classified as exempt to ensure proper classification under the Fair Labor Standards Act, including…

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15 Aug 2014 It Depends: The Top 3 Inherently Gray Areas of Employment Law LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

Fact-specific.   Case by case.   These are just two of the terms that stand for one of the frustrating (for employers) truths of many areas of employment law:  there are few black and white answers. There are endless shades of gray, and in honor of this week’s letter of the law (G), we recognize three common gray areas and some specific questions that must be asked when addressing situations under each. The fact that there are so many questions that need to be answered…

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17 Aug 2012 Eighth Circuit Holds That Independent Sales Representative Is Contractor Despite 27-Year Engagement With Company

In recent years, there has been a lot of attention devoted to properly designating employees as contractors.  The recent spike in lawsuits and aggressive enforcement actions by state and federal agencies have made many employers edgy about whether they are misclassifying contractors. Fortunately, the Eighth Circuit handed down a decision yesterday in Fesler v. Whelen Engineering Co., No. 11-2666 (8th Cir. Aug. 16, 2012), which should provide some useful guidance on this issue, and especially for employers that engage outside sales personnel for long periods…

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