Category: Hiring & Firing

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 »

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 »

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 »

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 »

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

Keeping track of the latest developments in labor and employment law can be challenging for employers and HR managers. What to know? Health care reforms, revisions to the Family and Medical Leave Act, judicial interpretations of the Fair Labor Standards Act, to be sure. But also textual harassment, workplace investigations, internships, working interviews, and much… Read more »

5 Hiring Best Practices

The good news: business is booming, and you need to hire additional employees. The bad news: business is booming, and you need to hire additional employees… These five best practices may help. From lawyers and law firms on JD Supra: 1. Don’t make promises you can’t keep: “Do not use terms such as ‘guaranteed’ or… Read more »

Latest Need-to-Know in Immigration Law

For business owners and HR managers, a quick look at three top stories in immigration law: comprehensive immigration reform, the 2014 H1-B visa season, and SEC fraud charges in the E-B Immigrant Investor Program. For your reference, from immigration and employment lawyers on JD Supra: 1. Immigration reform is poised to become a reality: “The… Read more »

BREAKING: Obama’s NLRB Recess Appointments Ruled Unconstitutional

The DC Circuit Court of Appeals issued a ruling earlier this morning that calls into question hundreds of National Labor Relations Board decisions issued in 2012. Douglas Hass of law firm Franczek Radelet explains: “The U.S. Court of Appeals for the D.C. Circuit ruled this morning that President Barack Obama’s January 2012 recess appointments of… Read more »