Searching Content by Todd Lebowitz ordered by Published Date Descending.
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Ninth Circuit Ruling Means California's Dynamex Independent Contractor Test Must Now Be Applied Retroactively Before April 30, 2018
On May 2, the Ninth Circuit expanded the application of the "ABC" test, adopted by the Supreme Court of California in Dynamex Ops. W. Inc. v. Superior Court.
United States
21 May 2019
DOL Proposes New Definition Of Joint Employer, Seeks To Clear Up A Confusing Label
Sometimes it's obvious what something is, and you don't need a label. Other times it's not so obvious, and you do need a label.
United States
17 Apr 2019
What Is The State Of Joint Employment?
Each January, the President gives a State of the Union Address to a joint session of Congress.
United States
9 Oct 2018
Labor Department Withdraws 2015-16 Joint Employment, Independent Contractor Guidance
Did the new Labor Secretary finally throw employers a bone? We think so, but it's too early to tell whether it's delicious bacon-flavored or some generic processed meat flavor.
United States
19 Jun 2017
New NYC Law Requires Written Agreements For Solo Contractors, Even Nannies And Babysitters!
Anyone hiring a solo independent contractor in New York City will need to comply with the Freelance Isn't Free Act, which takes effect May 15, 2017. Anyone. Individuals included.
United States
25 May 2017
Los Angeles Joins Ban The Box Movement
Los Angeles has become the latest city to ban private employers from asking job applicants about their criminal histories before offering a job.
United States
5 Jan 2017
DOL Joins SEC In Attack On Severance Agreement Clauses
Companies cannot prohibit their former employees from collecting whistleblower awards, says the DOL in a recently released memo.
United States
28 Sep 2016
SEC Enforcement Actions May Require Changes To Severance Agreements
Public companies should revisit their template severance agreements, in light of two recent orders by the Securities and Exchange Commission (SEC).
United States
23 Aug 2016
NLRB Makes Up More New Rules On Joint Employment
Remember that kid in elementary school who, whenever you were winning at some made-up playground game, would change the rules in the middle? "Kids can be so unfair," your parent might have said, trying to console you.
United States
21 Jul 2016
Labor Department Announces Plan To Find Joint Employment — In All Directions
When I get lost (which is often, say my kids), I turn to a map. Fortunately, I always have my iPhone on me, so the Maps app can generally get me where I am going.
United States
1 Feb 2016
New Year's Resolution For 2016: Avoid Independent Contractor Misclassification
The use of nonemployee workers is more prevalent than ever, and challenges to these relationships are growing just as rapidly. Entire business models are at stake.
United States
11 Jan 2016
Oregon Limits Criminal Background Inquiries By Employers
Oregon became the seventh state to ban the box for private employers, prohibiting any questions about criminal background on employment applications and at any time before an initial interview takes place.
United States
7 Jan 2016
Philadelphia Shows Brotherly Love For Ex-Felons Seeking Jobs
Philadelphia, several other cities, and six states have ban-the-box laws prohibiting private employers from asking about criminal history on an initial job application.
United States
31 Dec 2015
NLRB Blows Up Staffing Agency Model: Rewrites Joint-Employer Test
In a 3-2 decision, the National Labor Relations Board spontaneously redefined joint employment in a way that threatens to turn almost every company that works with a staffing agency into a joint employer for collective bargaining purposes.
United States
16 Sep 2015
NLRB: Nurses Entitled To Union Representation At Peer Review Meeting
The hospital contended that it did not discipline employees based on the outcome of peer review meetings and that employees could not reasonably expect that the meeting would lead to disciplinary action.
United States
16 Sep 2015
DOL Memo Provides Script For FLSA Collective Actions Alleging Independent Contractor Misclassification
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest.
United States
20 Jul 2015
DOL Meets The Far Side, Targets Independent Contractor Relationships
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest.
United States
17 Jul 2015
Unpaid Internships Given New Life By The Second Circuit
In 2011, three students who were trying to break into the film industry landed unpaid internships with Fox.
United States
8 Jul 2015
FedEx To Pay $228 Million In Independent Contractor Misclassification Settlement
This $228 million compromise, which has not yet been approved by the district court, will be among the largest misclassification settlements ever, if not the largest ever.
United States
17 Jun 2015
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