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HTMLNational Labor Relations Board Adopts Expansive New Joint Employer Standard
Doreen S. Davis, Brian West Easley, Michael J. Gray, Joshua Grossman, Matthew W. Lampe; Jones Day;
Legal Alert/Article
September 1, 2015, previously published on August 2015
In a highly anticipated decision, the National Labor Relations Board (the "Board" or "NLRB") reversed more than 30 years of established precedent and liberalized the standard for determining whether two or more entities are joint employers for purposes of the National Labor...

 

HTMLCalifornia Minimum Wage Bill Stalls in Legislature
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
A controversial bill to increase California’s minimum wage has failed to pass in the state legislature. The bill would have phased in a $3.00 per hour increase to the minimum wage rate and also would have imposed annual cost of living increases.

 

HTMLRed Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors
Jessica M. Knapp, Charles E. McDonald, Ted D. Meyer; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). The Wage and Hour Division of the Department of...

 

Adobe PDFWith the Flick of a Pen, U.S. Department of Labor Announces that Most Workers Are Employees
Lisa E. Cleary, Helen P. O'Reilly, Adam E. Pinto, Catherine A. Williams, Sam Alan Yospe; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
September 1, 2015, previously published on July 2015
On July 15, 2015, the Wage and Hour Division of the United States Department of Labor (“DOL”) issued guidance on employee and independent contractor classification under the Fair Labor Standards Act (“FLSA”). Stating that the key consideration in classification decisions is...

 

Adobe PDFHome Modificiations: It is the Unusual Case that Warrants Extraordinary Relief
James P. Paoli; Cooper Levenson, P.A.;
Legal Alert/Article
September 1, 2015, previously published on August 7, 2015
On December 5, 2014, the Appellate Division addressed whether an employer must provide home modifications for an employee in Loeber v. Fair Lawn Board of Education, A-1990-13T1 (App. Div.). The employee was involved in a work-related accident in November 2009, which resulted in partial paralysis...

 

HTMLThe Rights of Unpaid Interns
Justin A. Britton; Cooper Levenson, P.A.;
Legal Alert/Article
September 1, 2015, previously published on August 7, 2015
For employers who offer them, unpaid internships are a win-win for both the business and the intern. The intern receives job training in a company that might even hire him or her in the future. The company gets an enthusiastic worker who is interested in the business and whom they do not have to...

 

Adobe PDFBe Mindful of Those Job Offers!
Jeremy E. Deutsch; Norris McLaughlin & Marcus, P.A. A Professional Corporation;
Legal Alert/Article
September 1, 2015, previously published on August 2015
A recent decision in New York makes it clear that employers better be careful about what they tell prospective employees when making a job offer. At-will employees in New York usually have a difficult hurdle to overcome if they want to bring suit in connection with losing their job. At-will status...

 

HTMLThe Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 7 of 24): Mergers and Acquisitions
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
When it comes to mergers and acquisitions involving at least one applicable large employer (ALE), the substantive rules governing employer shared responsibility (under Internal Revenue Code § 4980H) and the corresponding reporting rules (under Internal Revenue Code § 6056) share at least...

 

HTMLFamily Office: A Brief Guide to Employing Staff
Melissa Paz; Withers Bergman LLP;
Legal Alert/Article
September 1, 2015, previously published on August 28, 2015
Engaging staff for the first time can seem daunting. This guide highlights the main points that you need to take into account. It is not, however, intended to be comprehensive and, in particular, there may be international issues to consider. You should therefore seek further advice, as required.

 

HTMLNLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control
Mark G. Kisicki, Elizabeth M. Townsend; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 27, 2015
Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (August 27, 2015). The decision establishes a new standard for...

 


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