Topic: Employment Law

ON: Employees and Independent Contractors … Doc of the Day

“Whether it is to limit liability, reduce costs, or simply to condense operations, there are numerous reasons why organizations may prefer to treat individuals as independent contractors rather than employees… [but if] the independent contractor is really an employee, then the consequences can be expensive, and can include payment for wages, taxes, workers’ compensation and… Read more »

IRS Voluntary Classification Settlement Program: the Jury Is Still Out…

“The [Voluntary Worker Classification Settlement Program] does not, however, relieve employers of liability under state tax laws, workers’ compensation laws, federal or state wage and hour laws (overtime, minimum wage, meal breaks, termination payouts, etc.), ERISA, or other employment laws.” The benefits (and risks) of participating in the Internal Revenue Service’s new Voluntary Classification Settlement… Read more »

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 »

Private Employers Must Post Notice of Employee Rights – NLRB Final Rule

We’re seeing significant interest in the Final Rule published August 24, 2011 by the National Labor Relations Board (NLRB) that requires private employers to post notice of employee rights under the National Labor Relations Act.  From lawyers and law firms on JD Supra: NLRB Rule Requiring Employers to Post Union Rights Released (Dinsmore & Shohl… Read more »

Employment Background Checks: Legal Considerations

In a down economy where unemployment is a source of significant frustration to many, background checks are another cause of growing concern for job seekers. These checks often include a comprehensive review of finances, including bankruptcies, financial black marks, and other personal information that doesn’t seem necessary to determine an applicant’s ability to perform the… Read more »

You Should Know This: Trending Business Law Updates – Fri Jan 28

For you reference, here’s a short list of well-read, trending legal updates on JD Supra today – commentary, analysis, and news on a handful of timely business matters. Business Law You Should Know» – 1099 Repeal Appears Certain (by Partridge Snow & Hahn): “Several bills, including a bipartisan effort from Senators Baucus and Reid, have… Read more »

Employment Law Update: Final GINA Regulations in Effect

A recent employment update from law firm Venable LLP reminds us that as of January 10, 2011, final rules of Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) are in effect: “So as the new year begins, employers should become familiar with the regulations and take certain steps aimed at making their… Read more »