News & Analysis as of September 21, 2024

Employee Definition

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

NLRB Regional Director Rules Dartmouth’s Basketball Players are School Employees

Ballard Spahr LLP on 2/8/2024

On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more

Beltway Buzz - May 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2021

DOL Rescinds Independent Contractor Rule. On May 6, 2021, the U.S. Department of Labor (DOL) issued a regulation rescinding its independent contractor rule, which was finalized on January 7, 2021, but never went into effect....more

The U.S. House Wants The ABC Test Adopted On A National Scale. The Senate? Not So Much.

Fisher Phillips on 2/18/2020

My colleague Todd Lyon wrote an excellent piece earlier this week about the House of Representatives passing the PRO Act, essentially a “wish list” for labor advocates seeking to tip the scales back towards unions. One of the...more

Littler Global Guide - Canada - Q3 2019

Littler on 10/25/2019

With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more

California Governor Says Gig Unions Are On The Way As He Signs ABC Test Into Law

Fisher Phillips on 9/19/2019

California Governor Gavin Newsom wasted little time by signing AB 5 into law yesterday, and his signing statement should cause quite a few eyebrows to be raised. It was no surprise that he signed the bill into effect; he said...more

Supershuttle Transports Independent Contractor Status into the Spotlight

FordHarrison on 1/31/2019

On January 25, 2019, the National Labor Relations Board (NLRB) affirmed the Acting Regional Director’s determination that franchisees who drive for SuperShuttle are independent contractors, not statutory employees, and...more

GC Memorandum 18-02 Suggests A More Sane Approach To Independent Contractors

Seyfarth Shaw LLP on 12/19/2017

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

Brazil to Enact Expansive Labor Law Reforms

Littler on 7/13/2017

On July 11, 2017, the Brazilian Senate approved the Labor Reform Bill, which is now before the president for signing. The Labor Reform Bill is one of the current administration's main projects to reignite the economy and make...more

15 For ’15: Employment And Labor Resolutions For The New Year

Constangy, Brooks, Smith & Prophete, LLP on 1/8/2015

While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

Epstein Becker & Green on 7/23/2014

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

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