Searching Content indexed under Employee Rights/ Labour Relations 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
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
Supreme Court Refs Call Foul On EEOC, NBA Playoff Edition
The heads of officiating at the Supreme Court called a technical foul on the EEOC for being too Cavalier about its obligation to conciliate before lacing up its Converse All-Stars and heading to court.
United States
1 May 2015
No Tag-Backs! Employee Is Entitled to FMLA Coverage, Even Though Not Eligible
The playground game of tag has been played since at least the Cretaceous Period, with efforts by paleontologists to verify earlier origins of the game inconclusive to date.
United States
17 Feb 2015
Volunteers Alleging Employment Status Lose Title VII Case, But Court Applies Vigorous Analysis First
Everyone’s looking for volunteers. The Salvation Army recruits helpers with the promise of "Doing the most good." Volunteers of America invites participation by reminding the public "There are no limits to caring."
United States
2 Jan 2015
Publix To Pay $6.8 Million Settlement Over Noncompliant Background Check Forms
If your company’s background check disclosure form includes a release of liability, take it out.
United States
7 Nov 2014
NLRB Adopts New Test For Independent Contractor Misclassification, Applies It To Find FedEx Drivers Are Employees Who Can Unionize
The NLRB has tossed a new vegetable into the enormous salad of independent contractor misclassification tests, and the new vegetable smells rotten.
United States
16 Oct 2014
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