Common Employment Law Mistakes for Small, Start-Up and Growing Companies
Corporate Law Report: Obamacare Deadlines, $13M for Exotic Dancer Misclassification, 2013 Medicare Taxes, More...
As reported in prior Snell & Wilmer publications (See September 2011 Workplace Word, October 2011 Workplace Word and January 9, 2013 Legal Alert), there are numerous reasons why employers need to ensure that they do not treat...more
In This Issue: - Letter from the Editor — C. Paul Wazzan, Ph.D. - Introduction to Observational Studies Articles for the BRG Review — David Lewin, Ph.D. - ARTICLES: - Observational Studies in Wage and...more
Effective July 1, 2013, the Tennessee Department of Labor and Workforce Development (TN DOL) will be authorized to impose penalties on construction companies that avoid paying workers’ compensation premiums by misclassifying...more
In the last installment of the “Independent Contractor or Employee” series, we discussed what laws might apply and what problems you might encounter when using an independent-contractor engagement for your multinational...more
Is your company considering reclassifying certain workers, but hesitant because it is worried about triggering a federal employment tax audit or not having consistently filed Form 1099s for those workers in the past? If you...more
Independent contractors often provide several benefits to employers, such as removing an employer’s duty to pay overtime and health insurance for such workers. In turn, the independent contractor status provides individuals...more
In This Presentation: - DEFENDING AGAINST WORKERS’ COMPENSATION RETALIATION CLAIMS - EXEMPT/NON-EXEMPT CLASSIFICATION ISSUES UNDER FLSA - AGE DISCRIMINATION OVERVIEW - THE GOOD, THE BAD, AND THE UGLY IN...more
New requirements under the Patient Protection and Affordable Care Act are set to intensify state and federal governments' crackdown on worker misclassification....more
Employment law compliance is among the many challenges businesses face as they start up and grow. In this course, Mr. Martinez reviews the most common mistakes made by start-up, small and emerging companies explaining the...more
Dailey v. Sears, Roebuck & Co., D061055 (March 20, 2013): In a recent decision, the California Court of Appeal affirmed the denial of class certification where there was not a predominant common question on a claim of...more
Almost every organization expanding overseas needs a vehicle to explore the market before making the business decision to establish a legal entity, yet few legal vehicles are available for this preliminary measure. Most...more
On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill...more
EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more
Many companies struggle with how to classify their workers for tax purposes. Are they employees? Or, are they independent contractors?...more
In September 2011 the Internal Revenue Service (IRS) announced a new voluntary relief program for worker status termed the voluntary classification settlement program (VCSP). Announcement 2011-64, 2011-41, I.R.B. 503. On...more
The latest XpertHR podcast features an in-depth look at several new employment law developments out of California, perhaps the most pro-employee state in the nation. Littler Mendelson partner Chris Cobey takes listeners...more
On February 27, 2013, the Internal Revenue Service (IRS) issued News Release IR-2013-23 to provide additional favorable guidance regarding modifications to the Voluntary Classification Settlement Program (VCSP) issued in...more
In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification...more
A former unpaid intern, Dajia Davenport, recently filed a class action lawsuit against Elite Model Management. The lawsuit was filed in the Southern District Court of New York and seeks $50 million in connection with various...more
What happens when modern innovations in the workforce (made possible by the advent of the internet) collide with traditional concepts of employment? You get lawsuits like Christopher Otey v. Crowdflower, Inc., filed late...more
For years, the question of whether construction workers should be treated as employees or independent contractors has been an important issue that many contractors have overlooked or chosen to ignore. However, a recent U.S....more
As we have been reporting, March 12 was the deadline for submitting comments regarding the U.S. Labor Department's proposal "to collect information about employment experiences and workers' knowledge of basic employment laws...more
Consistent readers of the blog will no doubt know of my weaving in pop culture into blog posts. So it was with some good fortune that as I began to write this post, the song “Dog Days are Over” popped up on my iPhone speakers...more
Overview - As a resource to our clients, the Labor, Employment and Workplace Safety team at K&L Gates has summarized major legislative changes and key cases affecting employers in 2013 in certain key states in which we...more
“These violations reflect one of the problems we’ve found in the oil and gas extraction industry—employees are improperly classified as exempt from the FLSA and are not paid the proper wages in accordance with federal law.” -...more
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