News & Analysis as of

Do Contract Workers Qualify for Workers’ Comp Claims?

American workers increasingly labor away in an independent contractor environment. Much controversy surrounds this, largely due to often-diminished compensation and the union-busting nature of how it is implemented. In San...more

Do Contract Workers Qualify for Workers’ Comp Claims?

Non-employees working on a company site are covered for workplace-related claims. But it’s important to seek medical care from the employer’s provider. American workers increasingly labor away in an independent...more

Senate Democrats Re-Introduce the Payroll Fraud Prevention Act of 2015 Soon After Hillary Clinton Seeks to Insert IC...

Shortly after Presidential candidate Hillary Clinton placed independent contractor misclassification in the national spotlight in mid-July 2015 when she prominently commented in a campaign speech upon the expanding use of ICs...more

New Oregon Laws: Criminal Background Checks and State Retirement Savings Plan - “Ban the Box” and Oregon Retirement Savings Plan...

Two new Oregon laws establish policies regarding employer criminal background checks and questions for applicants and a state-run retirement savings plan. In part, Enrolled House Bill 3025 (HB 3025) bans the practice by some...more

Calma v. Templeton, C.A. No. 9579-CB (Del. Ch. Apr. 30, 2015) (Bouchard, C.)

In this opinion, the Court of Chancery denied a motion to dismiss a claim challenging grants of compensation to non-employee directors pursuant to a compensation plan that had been approved prospectively by stockholders. The...more

Back To The Future – Should Stock Incentive Plans Impose Grant Limits on Non-Employee Director Awards?

On April 30, 2015, the Court of Chancery of the State of Delaware rendered an important case decision in a procedural matter dealing with the equity compensation of non-employee members of a company’s board of directors (see...more

Assessing Your Organization’s Exposure to Discrimination and Retaliation Claims Made by Subcontractors and Others

Employers may be liable for discrimination under the federal laws for claims made by non-employees. Consider an organization which subcontracts certain types of work to be performed by the employees of a staffing agency. This...more

Are Unpaid Interns Handy Helpers or a Source of Liability?

Summer is fast approaching and along with the dog days of pool time, family vacations, and outdoor activities, comes summer break for students. For many companies, this means an influx of potential interns anxious to learn...more

Handling Complaints of Harassment Made Against Non-Employees

As we have previously noted, employers often wonder what to do when an employee makes a harassment complaint, but the alleged harasser is not another employee. The employer cannot simply do nothing, but it also generally does...more

Second Circuit Adopts EEOC’s Rule On Harassment By A Nonemployee

In a recent opinion, the Second Circuit adopted the Equal Employment Opportunity Commission’s (“EEOC”) rule imputing employer liability when a worker reports harassment by a nonemployee. The case, Summa v. Hofstra Univ., 2013...more

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