Monthly Archives: September 2011

Employee or Contractor? 5 Ways to (Legally) Tell the Difference

Earlier this month, the Internal Revenue Service joined the Department of Labor and state agencies in cracking down on employers that misclassify employees as independent contractors, leaving business owners and hiring managers scrambling to reevaluate their contractor relationships and ensure that they are complying with the law. To help sort through the confusion, here are… Read more »

Fired While on FMLA Medical Leave? It Can Happen…

The Family Medical Leave Act (FMLA), enacted in 1993, provides employees with unpaid leave for qualified medical and family reasons. The Act prohibits employers from firing workers who take leave for valid reasons. But there’s a thin line between authorized and unauthorized use of family medical leave, and dismissing employees for crossing it can leave employers… Read more »

Is IRS Giving Employers a Free Pass with The Voluntary Worker Classification Settlement Program? Yes and No…

Is the Internal Revenue Service’s new Voluntary Classification Settlement Program too good to be true? Maybe, maybe not. Introduced on September 21, 2011, the program purports to give a free pass to employers who promise to reclassify any workers incorrectly treated as independent contractors. Here’s what you need to know about the program, in eight… Read more »

Social Media and The Law: Your Friday “Must-Read” List

For your reference, recent updates and commentary at the intersection of social media and the law. From lawyers and law firms on JD Supra, you should know: 1.The Federal Trade Commission’s proposed revisions to the Children’s Online Privacy Protection Act Rule: “The Federal Trade Commission has issued a rulemaking notice proposing to update its rules implementing… Read more »

Featured: 5 Sources of Rich Business Intelligence on LinkedIn

LinkedIn is well understood as an important platform for recruiters and job seekers, but there is so much more to the professional networking site… Business Insights: More Signal, Less Noise LinkedIn also serves as a fire hydrant of business insight and intelligence for professionals of all kinds in all industries. Some sources of that biz… Read more »

Louboutin Trademark Case: Yves Saint Laurent Gets a Leg Up in the Shoe Biz

Christian Louboutin’s trademark on red-soled shoes was kicked aside last month in US District Court, setting the stage for Yves Saint Laurent (and others) to sell their own shoes with red soles. For fashionistas around the world, an update on the ruling from lawyers and law firms on JD Supra:  Louboutin Gets the Boot: S.D.N.Y. Judge… Read more »

Social Media in the Workplace: an NLRB Guidance Update

For your reference, here’s an updated reading list on the National Labor Relations Board’s recent guidance for employers re social media in the workplace: National Labor Relations Board Issues Social Media Report (McNees Wallace & Nurick LLC):  “Recently, the Acting General Counsel of the National Labor Relations Board (Board) released a report, basically a score… Read more »

Retirement Plans: What Sponsors and Advisors Need to Know

Today’s post brings together some of the collected writings of ERISA attorney Ary Rosenbaum, who regularly dispatches advice to plan sponsors, fund managers, and other advisors covering all aspects of retirement plans and pension funds.  As you consider (or, for that matter, help to administrate) a retirement plan in your company, consider the following:  »… Read more »