Labor Letter - November 2011

by Fisher Phillips
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In This Issue:

- The Calm Before The Storm? An employment law preview of the 2011-2012 Supreme Court Term By Rich Meneghello (Portland)

After the turbulent roller-coaster ride to which the Supreme Court treated employers the last few sessions, businesses across the country are casting a wary eye on Washington D.C. as the Justices gear up for their latest session, which kicked off last month.

Breathe a sigh of relief, employers – at least for now; the Supreme Court has avoided accepting review of any blockbuster cases so far this term, and companies may be spared any sweeping changes this time around....

- A Down Economy – An Increase In Hiring Dangers By Grace Y. Horoupian and Matthew C. Sgnilek (Irvine)

With the unemployment rate in the United States continuing to flirt with record highs, employers are faced with a swell of job applicants and a larger pool of qualified candidates for open positions. The glut of applicants in comparison with the dearth of jobs has left many hardworking and qualified individuals unemployed for an extended period of time.

- Employee Or Independent Contractor: One Way Of Thinking It Through By John McLachlan (San Francisco)

Deciding whether an individual is an employee or independent contractor is becoming an ever more important question. Employers should carefully scrutinize each and every independent contractor relationship which exists within the business before the Labor Department, the IRS, or a state agency does it for you.

While the issue is taking on a new importance in light of federal and state attention, the criteria for the determination of bona fide independent contractor status have not gotten any clearer. Nor will this article provide a way for you to determine with legal certainty which is which. While we have no magic formula which answers every question, we do want to provide a “rule of thumb” or a “quick-scan” way of thinking about the subject which can help to raise questions about independent contractor relationships where they should be raised.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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