Category: Workplace Issues

Independent Contractor or Employee: Here’s How You Choose

From attorney David Gair at Looper Reed, here are five of his 20 criteria to help you decide if your newest hire should be an independent contractor or an employee: “1. Instructions: If the person for whom the services are performed has the right to require compliance with instructions, this indicates employee status. 2. Training:… Read more »

In the Workplace: Latest Need-to-Know Employment Law News

Latest I-9 forms, ADAAA rulings, NLRB developments, new state laws and federal regulations … keeping up with the myriad legal requirements of managing your employees can be challenging for the best of us. This roundup of recent employment law updates should help: The “Employee Tricked Me Into Firing Her” Defense (Cozen O’Connor): “The NLRB continues… Read more »

Heads Up: Employers Must Use New I-9 Form as of May 7, 2013

“Human resources professionals charged with overseeing I-9 form completion or retention are encouraged to study the USCIS Handbook for Employers. It contains a wealth of reference material, including detailed information on completing and retaining the I-9 form, avoiding discrimination problems, the role of third-party recruiters and use of the E-Verify system.” (Holland & Knight) Employers… Read more »

Taking on Unpaid Summer Interns? Don’t Take on a Lawsuit, Too…

“… when a complaint is made, the price of an unlawful internship can be quite high. Failure to pay wages, failure to pay minimum wage, overtime, meal and rest violations, and related penalties and attorneys’ fees and costs can add up quickly.” (Ervin Cohen & Jessup) “Summertime, and the livin’ is easy…” Unless, of course,… Read more »

[FMLA Watch] 5 Warnings for Employers

Employers and HR managers know: keeping up with changing employment regulations can be challenging. One of the biggest culprits? The ever-evolving Family and Medical Leave Act, which can create significant problems for companies that fail to respond to new rules and interpretations of the Act. The solution? Start here – heed these five FMLA warnings… Read more »

Don’t Do These 3 Things to Your Workers (If You Want to Avoid EEOC Scrutiny)

For business owners, attracting attention is generally a good thing. Except when it’s from the Equal Employment Opportunity Commission… Kelly Kolb of law firm Fowler White Boggs reports on the issues guaranteed to generate scrutiny from attorneys at the EEOC, as recently outlined by the agency’s top lawyer, P. David Lopez: 1. Improper use of… Read more »

Business Owners: What Keeps You Up at Night? [Poll]

Which legal issues give you the biggest headaches? While you’re thinking about your response, here are a handful of recent legal updates on these very topics: Business Formation: Key Tips for Developing Business Plans for Entrepreneurs, Investors & Business Owners – Scott Legal Services, P.C. California’s New LLC Act Adds Confusion and Effects Little Change… Read more »

[Poll] March May Be Over, But NCAA Office Pool Madness Continues…

First, who’s going to win? Now, can employers get into legal trouble for March Madness betting pools organized by their employees? Absolutely, write Joanna Rich and Salvador Simao of law firm FordHarrison: “March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such… Read more »

In California, Pregnancy Leave May Be Longer Than You Think…

California employers take note: the state’s Pregnancy Disability Leave Law provides up to four months of leave, but that doesn’t mean you shouldn’t give pregnant employees more time if they need it. That’s what the state’s Court of Appeal ruled in Sanchez v. Swissport. The background, from Andrew Satenberg and Jessica Rosen of law firm… Read more »

Social Media Policies Make Good Business Sense – Just Ask Edcomm

[Video Link: Social Media Law Report] “Social media law is in its infancy but, as time goes on, more parties will litigate to test its boundaries. ” (Mintz Levin) Who owns an executive’s social media account: employer or employee? According to a recent Pennsylvania court ruling, it’s the person whose name appears on the account.… Read more »

In the Workplace: Latest Need-to-Know Employment Law News

What’s new for employers? Plenty. Like gender discrimination lawsuits, EEOC investigations, Facebook firings, FMLA developments, employment visa news, whistleblower claims, healthcare reform, and much more. For your information, here’s a roundup of recent employment law updates from lawyers and law firms on JD Supra: Second Circuit Vindicates Concepcion in Gender Discrimination Case (Sedgwick LLP): “In… Read more »

NYC Bans “Unemployment” Discrimination – What Does This Actually Mean for Employers?

“New York City will soon become one of only a handful of jurisdictions prohibiting discrimination on the basis of ‘unemployment’ status and, in doing so, has adopted arguably the most stringent such law in the United States.” (Ogletree Deakins) Earlier this month, the New York City Council amended the city’s Human Rights Law to include… Read more »

NLRB To Supreme Court: A Little Help, Please?

“In Noel Canning v. NLRB, a DC Circuit panel held that President Barack Obama improperly exercised his recess appointment power by nominating a majority of the NLRB in January of 2012 while Congress was technically still in session. The ruling calls into question every action taken by the board in the past year, including many… Read more »

Revised I-9 Form Must Be Implemented by May 7, 2013

“An employer’s Forms I-9 are subject to inspection by U.S. Immigration and Customs Enforcement, U.S. Office of Special Counsel and the U.S. Department of Labor to ensure compliance with various immigration, anti-discrimination, and wage and hour laws.” (Snell & Wilmer) On March 8, 2013, the United States Citizenship and Immigration Services (USCIS) announced that it… Read more »

What Goes Into a Social Media Policy? 5 Essentials

Social media policies are essential to every workplace manual. But what to include in your policy (which we bet you haven’t written yet)? Five recommendations from lawyers who know what they’re talking about: 1. Establish “ownership” of work-related social media accounts: “…these cases illustrate the importance of creating clear policies regarding the treatment of business-related… Read more »