HRWatchdog

MARCH 23, 2015

When you consider the digital age and all the ways employers can now access information about current and prospective employees, sometimes you learn too much about a person. Always exercise caution about what types of information you gather in employment background checks, and then how you use this data. Time: 10 a.m. –

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HR Daily Advisor

JANUARY 22, 2018

According to Pella, William was absent again on February 4, 5, 6, 9, 10, and 12, 2015, but the absences were not related to illness. To the extent William’s 2014 absences contributed to his termination in 2015, the court concluded that a jury needed to hear the evidence and decide which version of events it believed.

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HRWatchdog

DECEMBER 19, 2018

As a quick recap, the proposed rule recommends that an employer only be considered a joint-employer of another employer’s employees if it “possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine.”

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HR Daily Advisor

OCTOBER 5, 2017

A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. On July 17, 2015, the Workers’ Compensation Commission (WCC) affirmed and adopted the commissioner’s order in its entirety. Direct evidence of the right or exercise of control. Right to fire.

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HR Morning

DECEMBER 21, 2017

According to the NLRB’s recent joint employer ruling, two entities must “directly and immediately exercise control over the essential employment terms of another entity’s employees” to be considered joint employers. Here’s a summary of those two rulings: 1. A return to the old standard.

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HR Daily Advisor

JULY 3, 2017

On December 9, Sedgwick notified him that he was approved for intermittent FMLA leave from November 11, 2014, to May 11, 2015. Thus, on January 14, 2015, he was denied FMLA coverage for both days and issued a 30-day unpaid disciplinary suspension under GM’s policy. General Motors, LLC, 853 F.3d 3d 784 (5th Cir. Takeaway.

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HRWatchdog

APRIL 4, 2017

If the employee does have PSL in his/her bank that is available for use, employers should not discipline the employee for using that time for a permitted purpose and should not count such absences as a violation of an attendance policy. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content.

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HRWatchdog

SEPTEMBER 18, 2018

The proposed rule recommends that an employer only be considered a joint-employer of another employer’s employees if it “possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine.” Not a member?

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The Employer Handbook

JANUARY 2, 2019

Except, this is a blog post about joint employers. (In In case you were wondering, the Act doesn’t define “joint employer” either.). But the DC Circuit instructed the Board to “color within the common-law lines identified by the judiciary.” So where does that leave us? Browning-Ferris Industries.

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HRWatchdog

SEPTEMBER 1, 2016

percent of all charges received by the EEOC in FY 2015. Yang said “The examples and promising practices included in the guidance are aimed at assisting all employers reduce the likelihood of retaliation.”. Topics explained in the new guidance include: The scope of employee activity protected by the law. EEOC Chair Jenny R.

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HRWatchdog

SEPTEMBER 26, 2016

Recently, the National Labor Relations Board’s (NLRB) Office of General Counsel released an Advice Memorandum , which concluded that an employer’s misclassification of employees as independent contractors “interfered with and restrained” employees Section 7 rights. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content.

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HRWatchdog

APRIL 22, 2016

The settlement is a result of a 2014 Ninth Circuit decision which rejected FedEx’s classification of its drivers as independent contractors because FedEx exercised significant control over the drivers ( Alexander v. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content. FedEx Ground Package System, Inc.,

Employment Law 40

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FingerCheck

AUGUST 23, 2016

2015 was another historic year for federal wage and hour lawsuits, and it’s predicted that 2016 will be no different. Unlike employees, contractors are not under direction, can be available for other jobs, and exercise the right to control their own work. Falsifying time records.

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HR Daily Advisor

SEPTEMBER 28, 2017

Bar none, the Family and Medical Leave Act (FMLA) is the hardest employment law to administer for employers and the easiest to abuse by employees. That double whammy often results in frustrated employers making rash decisions, which, of course, lead to lawsuits. Nadezhda1906 / iStock / Getty Images Plus.

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HR Daily Advisor

OCTOBER 3, 2017

In 2015, Sally was given a new supervisor, “Tori,” but unfortunately for Sally, Tori turned out to be one of Tom’s direct reports. Tori ordered Sally to participate in a pagan ritual that involved burning sage, because Tori wanted to “exercise demons.” His response: “A woman should never speak to a man like that.”

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HR Daily Advisor

AUGUST 13, 2018

In 2015, the U.S. To avoid similar legal claims, your managers need to know and understand their legal duties to accommodate your employees’ right to exercise and express their religious beliefs. The only exception arises when you can demonstrate that making an accommodation would cause an undue hardship.

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HR Daily Advisor

NOVEMBER 28, 2016

In Littler Mendelson’s Telework Under the ADA & Other Nondiscrimination Laws , the report’s authors suggest that telecommuting can prove a creative solution for both parties: the employee still receives a paycheck and the employer doesn’t temporarily lose an employee. What the Law Requires. July 24, 2015)).

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HR Daily Advisor

DECEMBER 22, 2016

By February 2015, however, Mark had submitted a letter from his doctor stating that he needed to work a modified schedule of no more than 6 to 8 hours per day and no more than 4 days a week. In May 2015, Mark developed skin cancer and told his boss that he needed to take 2 weeks off for treatment.

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HR Daily Advisor

NOVEMBER 23, 2016

The enforcement manual replaces previous guidance that was issued in May 2015, and includes one significant change that negatively impacts employers during the investigation process. OSHA issued new guidance in an updated field enforcement manual that took effect January 28, 2016.

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HR Daily Advisor

NOVEMBER 1, 2016

On the other hand, the dancers have consistently maintained that because the club owners exercise a significant amount of control over the way they perform their services, they are in fact employees entitled to minimum wage and overtime pay. The case was tried before a jury in February 2015. The trial court granted their motion.

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Astron Solutions

FEBRUARY 2, 2021

For decades, the law has prohibited employers from paying employees of equal work less wages based on their sex. In recent years changes have been made to make the law more robust. For instance, in 2015 the California Equal Pay Act was strengthened by the California Fair Pay Act.

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Paycor

NOVEMBER 14, 2019

Employer Breastfeeding Laws for The United States: State. Breastfeeding Laws. No employment laws established. No employment laws established. No employment laws established. No employment laws established. Read the law: Delaware Code Ann. No employment laws in place.

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HR Daily Advisor

NOVEMBER 7, 2017

On April 1, 2015, “Ricky” sued his employer, Friant & Associates, LLC, a furniture manufacturer based in Oakland, under the PAGA, Labor Code Section 2698, et seq. So seize the day, review your wage statements for compliance with California law, and, if necessary, consult an experienced employment attorney.

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HRWatchdog

JUNE 9, 2015

From January through April 2015, the DMV issued 281,000 AB 60 driver’s licenses. Employers frequently have questions regarding the use of these AB 60 licenses for I-9 workplace eligibility purposes. Last Reviewed/Updated: 05/19/2015). Last Reviewed/Updated: 05/21/2015). Last Reviewed/Updated: 05/19/2015).

Discrimination 40

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HR Daily Advisor

JUNE 11, 2018

Clarity is needed because the standard for determining what puts two or more employers in a joint-employment relationship under the National Labor Relations Act (NLRA) has gone back and forth in recent years. That was a much less employer-friendly standard than the standard employers had worked under for decades.

Employment Law 45

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HR Daily Advisor

APRIL 12, 2018

Senate has confirmed attorney John Ring for a seat on the National Labor Relations Board (NLRB), employers can expect the NLRB to continue trying to roll back some controversial rulings from the Obama-era Board—and ward off possible conflict-of-interest problems. Ring was confirmed on April 11 on a 50-48 vote.

Employment Law 52

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HR Daily Advisor

SEPTEMBER 17, 2018

But Garrison cautions that employers need to realize if they are exercising direct control over another employer’s employees, they still will be seen as being in a joint-employment relationship and will face joint-employer liability. Washington, D.C. 20570-0001.

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HR Daily Advisor

JULY 28, 2017

Legislation introduced in Congress on July 27 takes aim at a 2015 National Labor Relations Board (NLRB) decision that raised the ire of many in the business community, especially employers that work with franchisees, contractors, and staffing agencies. Bill’s Limits. in Birmingham, Alabama.

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HR Daily Advisor

MAY 11, 2018

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.

Employment Law 58

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HR Daily Advisor

APRIL 12, 2018

Funk , an editor of Indiana Employment Law Letter and attorney with Faegre Baker Daniels LLP in Indianapolis, says of the latest development. In December 2017, a Republican-majority NLRB reverted to the old employer-friendly joint-employment standard in deciding the Hy-Brand case. Circuit was issued.

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HR Daily Advisor

FEBRUARY 27, 2018

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.

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HR Daily Advisor

JANUARY 9, 2018

In one recent decision that affects most workplaces, the NLRB established a new test for evaluating an employer’s policy, rule, or handbook provision to determine if it will potentially interfere with the exercise of an employee’s NLRA rights ( The Boeing Company, 19-CA-090932 (Dec. 14, 2017)). 25-CA-163189, (Dec. 14, 2017)).

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HR Daily Advisor

DECEMBER 18, 2017

Under the Browning-Ferris decision, employers that had even indirect control over employees of another employer could be considered joint employers. The party-line decision reinstates the old standard that was used for decades before the 2015 Browning-Ferris decision issued by the Obama-era NLRB. “I

Employment Law 52

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HR Daily Advisor

AUGUST 30, 2018

Bloomberg Law reported August 22 that talks were under way to give Pearce another term in exchange for quick action on other pending Trump nominations for various posts. Joint Employment, Other Battles. Fishman , an attorney with Fortney & Scott, LLC in Washington, D.C.,

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