Employment Law Now VI-120 - Joint Employer Ping Pong
III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments
The National Labor Relations Board (“NLRB” or “the Board”) continued its course of reversing Trump-era law by issuing a decision last month that will make it easier for workers to establish “employee” – as opposed to...more
On June 13, 2023, the National Labor Relations Board (NLRB) carried on with its trend of reversing Trump-era precedent. In its 3-1 decision, The Atlanta Opera, Inc., the NLRB overturned the Trump NLRB’s 2019 decision,...more
A highly anticipated decision by the National Labor Relations Board (NLRB) makes it significantly harder for companies to classify their workers as independent contractors. The Board’s June 13 decision in Atlanta Opera...more
More businesses in Kentucky may be considered “joint employers” if a proposed change that appears to broaden the test for an employment relationship is finalized. In recent years, courts and administrative agencies have used...more
“The history of the ADA did not begin on July 26, 1990, at the signing ceremony at the White House. It did not begin in 1988 when the first ADA was introduced in Congress. The ADA story began a long time ago in cities and...more
On October 27, 2020, in 417 Pet Sitting, LLC v. Division of Employment Security (Pet Sitting LLC), the Western District of the Missouri Court of Appeals affirmed the decision by the Missouri Department of Labor, Labor and...more
Frlekin v. Apple, Inc., 2020 WL 5225699 (9th Cir. 2020) - Earlier this year, the California Supreme Court answered a question certified to it by the Ninth Circuit: “Is time spent on the employer’s premises waiting for,...more
On September 8, 2020, the United States District Court for the Southern District of New York struck down portions of a January 2020 Final Rule issued by the Department of Labor. The Final Rule provided a new test for...more
Judge Woods of the US District Court for the Southern District of New York on September 8 vacated the US Department of Labor’s new test for joint employment, which focuses only on the putative joint employer’s right to...more
In Jinks v. Credico (USA) LLC (March 31, 2020), Judge Kenneth Salinger in the Business Litigation Session of the Massachusetts Superior Court provided guidance on two important wage and hour issues. ...more
Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary: The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more
A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited...more
With more and more individuals taking on the so-called “side hustle” of driving for Uber or even entirely leaving the traditional 9 to 5 work life and opting to make the “gig economy” work as their full time occupation,...more
A recent trend in U.S. employment law has been the adoption of stricter and stricter tests for when a worker may be classified as an independent contractor rather than an employee. Independent contractor relationships are...more
California Gov. Gavin Newsom signed Assembly Bill (AB) 5 into law on Sept. 18, 2019, codifying the strict "ABC" test for employee versus independent contractor classification adopted by the California Supreme Court in Dynamex...more
What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that...more
In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more
The Ninth Circuit ruled on October 1, 2019, that McDonald’s cannot be held liable for wage and hour violations allegedly committed by a franchisee in California because McDonald’s did not exert sufficient control over the...more
The U.S. District Court for the Eastern District of California recently ruled in an employment class action regarding misclassification of trucking industry owner-operators as independent contractors. The ruling is a win for...more
In a recent opinion letter, the United States Department of Labor concluded that workers who use a “virtual marketplace” business – similar to Uber, DoorDash, Instacart, or Rover – are independent contractors and not...more
FOR NEARLY 30 YEARS, California businesses have used the Borello test (so named after S.G. Borello & Sons, Inc. v. Department of Industrial Relations) to determine whether workers should be classified as employees or...more
Employees of a Merry Maids home cleaning franchise brought a class action against the franchisee, the franchisor, its owner and affiliated entities claiming they were joint employers. A California federal district court...more
On January 25, 2019, the National Labor Relations Board ruled in SuperShuttle DFW, Inc. that franchisees who operate shared-ride vans for SuperShuttle at the Dallas-Forth Worth airport are independent contractors and thus are...more
Last week’s National Labor Relations Board (“NLRB”) ruling is good news for businesses that currently use or plan to use contract labor as part of their workforce. The Board returned to its traditional test for determining...more