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According to the lawsuit, Diaz worked for the company as an elevator operator at the Fremont factor for nine months, from June 2015 to March 2016. During his tenure, he and other Black workers faced racism in the form of racial slurs from other employers, while some even found racist drawings left on their desks.
The standard for determining joint employment has gone back and forth in recent months between employee-friendly and employer-friendly definitions as the Board and courts have tried to bring clarity to the issue. In 2015, the Board ruled in a case involving Browning-Ferris Industries of California.
Circuit and employers across the country have something in common lately—they are looking at the NLRB to make up its mind about what the joint employer standard is,” Ryan J. Funk , an editor of Indiana EmploymentLaw Letter and attorney with Faegre Baker Daniels LLP in Indianapolis, says of the latest development.
Department of Labor (DOL) said that it is withdrawing two guidance memos on joint-employer liability and independent contractor classification. These guidance memos were issued in 2015 and 2016 under the Obama administration. In 2015, the DOL issued an administrative interpretation on independent contractor classification.
In 2015 alone, the auditors discovered what they considered to be 20,000 cases of misclassified workers in Louisiana, totaling $101 million in unreported wages. David Theard is an associate in Jones Walker’s labor relations and employment practice. Theard is also an editor of Louisiana EmploymentLaw Letter.
of the Labor Code), which took effect on January 1, 2015. In brief, if a labor contractor fails to pay its workers properly or fails to provide workers’ compensation coverage for those employees, the “client employer” can now be held legally responsible and liable. Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content.
Those are the takeaways from the 2016 Executive Employer Survey from Littler, the giant employmentlaw firm. As you well know, the Department of Labor (DOL) has advanced several regulatory initiatives that have brought the agency’s enforcement of federal employmentlaws to the forefront for employers.
Publishing the NPRM is the latest in a series of actions aimed at determining what puts two or more employers in a joint-employment relationship under the National Labor Relations Act. The standard has gone back and forth in recent years between employer-friendly and employee-friendly standards. Washington, D.C. 20570-0001.
The action comes after reports that the NLRB’s inspector general asserted that Emanuel should have recused himself because his former law firm was involved in the Board’s 2015 Browning-Ferris decision, which was overruled by Hy-Brand. Browning-Ferris broadened what could be considered a joint-employment relationship.
In 2015, a federal district court dismissed the class action lawsuit , ruling, in part, that time spent waiting to be searched was not time spent “at work.” Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content. CalChamber members can read more about Security Screenings in the HR Library. Not a member?
California recently enacted many noteworthy laws that will affect the day-to-day operations, practices and policies of California businesses in 2015. Make sure you’re ready to adhere to the 2015laws with confidence by attending one of CalChamber’s annual EmploymentLaw Updates seminars throughout the state in January.
Right now, the Patient Protection and Affordable Care Act (PPACA) —also known as health care reform—is probably your number one concern when it comes to complying with new government regulations in 2015. It should be.
(Editor’s Note: Today’s post is brought to you by our friends at ComplyRight , providers of practical, affordable products and services that help employers of all sizes streamline essential tasks and compliance with federal, state, and local employmentlaws. So, the answer is to do your filings as required by law.
The court’s ruling provides reassurance to employers that not every employee inconvenience and workplace complaint gives rise to a federal claim. In January 2015, she moved into a full-time position, working from 11:00 p.m. to 7:00 a.m. In September, she requested and was granted a move to the 7:00 a.m. to 3:00 p.m.
Moreover, the National Labor Relations Board also recently redefined the joint-employer standard , increasing collective bargaining power for temp workers through its decision in Browning Ferris Industries of California , 362 NLRB No. 186 (August 27, 2015). Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content.
On December 10, 2015, the Internal Revenue Service issued the 2015 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content. Compensation'
blog would write about UK employmentlaw, it’s simple. Laws in the UK could easily get proposed in the U.S. The new right to shared parental leave is probably the most significant change to UK employmentlaw over the past few years. per week from April 2015, or 90% of the employee’s earnings if this is less.
Download the 2015 Midyear EmploymentLaw Update now! California’s mandatory paid sick leave law is the story of the year. On July 1, employers had to start providing the benefit to employees. The governor also signed “clean up” amendments to the law that were effective on July 13. Not a member? Not to worry.
Back in November, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 was passed. Now, the DOL has followed suit, announcing numerous civil penalty increases. What’s behind all of this? . It directs federal agencies to adjust their civil monetary penalties for inflation every year.
As we approach the final quarter of 2015, it is never too early to start preparing for new legislation that will affect hiring practices in 2016. Effective January 1, 2016, Oregon will become the newest state to implement “Ban the Box” legislation for both public and private sector employment. This law, H.B.
3071 (114th) Schedules That Work Act was introduced in the summer of 2015 but never made it out of committee. In response to the pushback from businesses, several states have enacted or are currently considering “preemption bills” that prohibit local jurisdictions from enacting new predictive scheduling ordinances and other employmentlaws.
Qualified Applicants Act – Ban The Box Effective January 1, 2015, the Job Opportunities for Qualified Applicants Act will prohibit Illinois employers from pre-screening candidates based on their criminal history. The law requires that applicants not be asked about criminal offenses until the interview stage of the hiring process.
Recent research by PwC suggests that three-quarters of large organizations suffered a staff-related security breach during 2015, with half of the worst cases caused by human error. If you want to learn more, check out Foley & Lardner’s Labor and EmploymentLaw Perspectives blog. This doesn’t exclude employee records.
As we head toward the new year, don’t forget there are several new laws affecting California employers in 2015. CalChamber’s employmentlaw counsel analyzed the significant pieces of legislation that Governor Brown signed into law and prepared a white paper summarizing their effects on California employers.
The Department of Labor (DOL) and the Occupational Health and Safety Administration (OSHA), for the second time in just six months, are raising the penalties for employmentlaw violations. . In November of 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act was passed. 13, 2017.
This option will be available until December 31, 2015. For example, we are developing a California-based microcredential (or certificate) for those individuals with SHRM-CPs or SHRM-SCPs who would like to demonstrate expertise in California law and legal precedents. What is the purpose of asking SHRM credential holders to recertify?
Online platforms such as Global People Strategist offer global employers exactly what they need to meet both global standards while abiding by and keeping current with local statutes and norms, making compliance with China’s employmentlaws easy and accessible to the entire organization.
On August 11, 2014, New Jersey Governor Chris Christie signed New Jersey’s “The Opportunity to Compete Act” which requires public and private employers to remove any questions related to the applicant’s criminal history (AKA “ban the box”) from employment applications beginning March 1, 2015.
California businesses and HR professionals alike know it’s crucial to stay on top of ever-changing employmentlaws, trends and best practices. Information about changes to leaves of absence laws is crucial to the HR job, as demonstrated by the top blog posts from last year (based on page views). Not a CalChamber member?
California’s paid sick leave law contains a new posting requirement, effective January 1, 2015. Although employers must begin providing the paid sick leave benefit beginning July 1, 2015, , they must comply with the posting requirement effective January 1, 2015.
The Equal Employment Opportunity Commission (EEOC) announced a new deadline for the 2015 EEO-1 reports. Employers now have until October 30, 2015, to file the reports. Federal law requires all private employers with 100 or more employees to file the federal EEO-1 report annually. Not a member?
Advanced ACA: What Employers Need to Know for 2015. What does California law say (and not say) about these policies? Top 10 EmploymentLaw Cases Affecting California Employers. The panelists, from various industries, will compare and contrast HR programs and their impact to business and measurable metrics.
In fact, a recent study showed the number of Americans benefiting from alternative work arrangements rose by nearly 10 million between 2005 and 2015. That study revealed something else, which for “gig economy” naysayers was telling: The online, “app-driven” workforce accounted for less than one percent of the gig economy workforce in 2015.
In 2015, Skillz, a mobile gaming company, hired Shah. Ward, EmploymentLaw Subject Matter Expert/Legal Writer and Editor CalChamber members can read more about Wages and Salaries in the HR Library. No, a California Court of Appeal recently held that stock options do not constitute wages under the California Labor Code ( Shah v.
In 1998, Hawaii was the first state to pass legislation to “Ban the Box” about conviction related questions on both public and private sector employment applications, statewide. Thirty states have enacted a local or state “Ban the Box” Fair Chance Hiring Law.
The Healthy Workplaces, Healthy Families Act, also known as the California paid sick leave law, took effect in 2015, mandating that three days of paid sick leave be provided to workers in California, Roberts explains. Paid Sick Leave.
Back in late 2015, I reported on proactive moves by Salesforce to do pay equity increases across its workforce to eliminate any and all gender pay issues, job by job. The fact that Google's taken this DOL charge show's how brilliant the 2015 move by Salesforce and Benioff was. they didn't get sued. Of course they did.
Wisconsin’s Supreme Court recently made a decision providing guidance for employers when considering domestic violence convictions on applicants’ criminal history checks. Derrick Palmer applied for employment as an Applications Specialist at Cree, Inc. in 2015, a company that makes lightbulbs and outdoor lighting systems.
The Equal Employment Opportunity Commission (EEOC) recently released its regulatory agenda for 2015 and that list includes proposing regulations relating to wellness programs and health risk assessments. Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content. Not a member? See how CalChamber can help you.
David Fortney , an editor of Federal EmploymentLaw Insider and a cofounder of Fortney & Scott, LLC , in Washington, D.C., The Obama-era rule, which was implemented in 2015, was vehemently opposed by many employers because it was seen as giving an unfair advantage to unions in the union election process.
Add to that widespread minimum wage hikes and the attention federal regulators are paying to independent contractor classifications — and you’ve what employmentlaw attorney Richard Alfred described to Fortune as “a perfect storm for new lawsuits.”. Employer safeguards.
In 2015, more than half of U.S. Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content. Using your vacation days is associated with increased happiness — both at home and work! workers (55 percent) left vacation time unused — adding up to 658 million unused vacation days, according to research from Project: Time Off.
Space is filling up fast for the one-day, topic-packed seminars focused on the employment life cycle, from hiring through termination, presented by the California Chamber of Commerce. CalChamber’s employmentlaw experts (your personal HR trainers) explain and provide compliance information for these core fundamentals: Register Now!
Because the record supported a finding that Michelle violated HIPAA, the statements about her employment were not defamatory. 2015-CA-001958-MR, 2017 WL 3129194 (Ky. Moreover, the failure to implement a uniform HIPAA policy could expose healthcare employers to liability. Hereford v. Norton Healthcare Inc., July 21, 2017).
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