The Los Angeles County Fair Chance Ordinance for Employers takes effect on September 3.
The law applies to employers doing business in the unincorporated areas of LA County, if they employ five or more employees....more
8/20/2024
/ Adjudicatory Process ,
Background Checks ,
Compliance ,
Criminal Background Checks ,
Effective Date ,
Fair Chance Act ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Local Ordinance ,
Municipalities ,
Offer Letters ,
Posting Requirements
On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11....more
3/12/2024
/ Browning-Ferris Industries of California Inc. ,
Common Law Test ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Outsourcing ,
Staffing Agencies ,
Vacated
A few weeks ago, we brought you news that the Department of Labor (DOL) dropped a new independent contractor rule under the Fair Labor Standards Act (FLSA) that arguably leans in favor of employees. And, as we predicted, the...more
Employers should check their confidentiality and severance agreements for a common oversight that, for some, is becoming a costly error.
Recent enforcement activity by the Securities and Exchange Commission (SEC) of Rule...more
1/23/2024
/ Compliance ,
Compliance Manuals ,
Confidentiality Agreements ,
Contract Terms ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Enforcement Actions ,
IRS ,
Non-Disparagement Provisions ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Settlement Agreements ,
Severance Agreements ,
Whistleblower Protection Policies ,
Whistleblowers
’Tis the season for things to drop. Some things that drop are big, some not so big.
On New Year's Eve, we saw the ball drop in New York. Fun fact: The ball is a geodesic sphere, 12 feet in diameter, weighing 11,875...more
1/11/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
When playing professional sports in Australia, you’d better watch out for snakes.
A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more
1/3/2024
/ ABC Test ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Priorities ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRB ,
State and Local Government ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
On October 26, the National Labor Relations Board (NLRB or Board) announced a new Final Rule that changes the test for determining who is a joint employer.
The rule drastically expands the scope of joint employment,...more
10/30/2023
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Final Rules ,
Franchises ,
Joint Employers ,
Labor Regulations ,
NLRA ,
NLRB ,
Proposed Rules ,
Right to Control ,
Rulemaking Process ,
Staffing Agencies ,
Vendors
New Jersey companies utilizing the services of temporary workers contracted through a staffing agency or temporary help service firm should be aware that additional state-mandated protections covering certain temporary...more
Gov. Pritzker has signed a law that will substantially amend the Illinois Day and Temporary Worker Services Act. The amendments take effect immediately....more
The sky is not falling.
When the National Labor Relations Board (NLRB or Board) issued its Atlanta Opera decision on June 14, I read the decision. Then I read some of the commentary issued quickly by news outlets right...more
We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance...more
Retaining temporary labor can be convenient for your business, but the retention introduces new legal risks. Under a joint employment theory, your company can be 100% legally liable for errors made by a staffing agency. You...more
Companies with independent contractors in Seattle need to take immediate action to comply with a new law passed by the Seattle City Council. The Independent Contractor Protections Ordinance, codified at SMC 14.34, took effect...more
In 2009, the James Brown compilation album The Godfather’s Smackdown, Live! was released.It’sa two-disc compilation of live shows from 1980. I never saw James Brown live, but I did see James Brown’s Celebrity Hot Tub....more
Washington, D.C., employers will soon be prohibited from disciplining, terminating or refusing to hire individuals based on marijuana use or a positive marijuana test. The Cannabis Employment Protections Amendment Act of 2022...more
For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more
7/11/2022
/ ABC Test ,
Class Action ,
Class Certification ,
Dynamex ,
Employer Liability Issues ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Predominance Requirement ,
Putative Class Actions ,
State Labor Laws ,
Subcontractors ,
Vendors ,
Wage and Hour
On June 4, 1923, jockey Frank Hayes rode 20-1 long shot Sweet Kiss to victory at Belmont Park. While that seems impressive, what made the win even more memorable is that at some point during the race, poor Frank died....more
No visit to Turkmenistan would be complete without a visit to the Darvaza Crater, more commonly known as the Door to Hell. This massive crater formed decades ago after a Soviet drilling rig collapsed. Roughly 40 years ago,...more
The New York City Fair Chance Act (FCA) amendments expand protections for individuals with a criminal record and impose new obligations on employers that conduct background checks. The changes take effect July 29, 2021. The...more
Remember when TV news was on at 6 p.m. and 11 p.m. and that was it? Every once in a while, there would be a Breaking News! alert, and it was always something really important. They wouldn’t interrupt Diff’rent Strokes for...more
Originally published on WhoIsMyEmployee.com - May 3rd, 2021. Have you heard of Schrödinger’s cat? It’s not a real cat, like Felix or Brian Setzer. It’s a hypothetical, seemingly impossible cat that exists only in the world of...more
Background check compliance has been a technical minefield for years. Federal, state and local requirements differ, meaning that multistate employers have a lot to keep track of....more
Acronyms make us do things. AWOL makes us go looking for someone, BOGO makes us buy two of something we didn’t need one of, and NSFW makes us cover our screen and hope no one has already walked by....more
This octopus in New Zealand has been trained to take photos of visitors to the Sea Life Aquarium. That’s a pretty neat trick. I’m sure the visitors love it and will pay whatever exorbitant fee the aquarium charges to profit...more
Soda or pop? Pill bug or roly poly? What you call things depends on where you live. In 2014, the New York Times published this 25-question dialect quiz that will tell you, with startling accuracy, where you or your parents...more