legal issues

NLRB Decision Opens the Door to Make Agencies, Clients Joint Employers

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In a 3-2 decision, the National Labor Relations Board (NLRB) announced a broad new standard for determining whether two businesses are “joint employers” for purposes of collective bargaining. Under this new standard set forth in Browning-Ferris Industries of California, Inc., joint employment now exists even where one company only has the right to…

NLRB Ruling Could Mean the End of Contract Employment as It Now Exists

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By Steven Bernstein, Richard Meneghello, and Matthew Korn In a 3-2 decision, the National Labor Relations Board (NLRB) announced a broad new standard for determining whether two businesses are “joint employers” for purposes of collective bargaining. Under this new standard set forth in Browning-Ferris Industries of California, Inc., joint employment now exists even…

A Question From Both Apple and Amazon: Does a Workplace Have To Be Perfect?

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By Howard Mavity  I recently blogged about the debate on CEO and employee pay ratios. I urged employers to seize the high ground and decide what their attitude is as to their “responsibility” to their employees. I’m a pragmatist. I believe that in the long run, employers will prosper (and avoid the need…

Yes, an Employee Really Did Get Fired For Failing to Pray the Rosary on the Job

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By Eric B. Meyer She was fired for refusing to pray with a client. Why did this employee LOSE her religious bias lawsuit? Last week, I addressed a situation in which honoring a customer’s preference for a white delivery-person over a black delivery-person cost a box-store manager his job and resulted in a bit…

Here Are 112,500 Reasons Not to Make an Employee to Stay Home Until 100% Healed

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By Eric B. Meyer Do this and you might as well paint a huge bulls-eye on your business and open up your checkbook. This EEOC press release, announcing an Americans with Disabilities Act settlement with a senior living facility, explains exactly why: Brookdale Senior Living Communities, Inc. of Denver will pay $112,500 and furnish…

Do You Have to Accommodate an Outdoor Worker Who Can’t Work in the Sun?

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By Eric B. Meyer Yesterday, I read this federal court opinion (Jordan v. Crossroads Utility Service) about an employee who was hired to work outdoors during the day. Unfortunately, during the employee’s probationary period, he was diagnosed with lupus. Under doctor’s orders, he was forbidden thereafter from working in direct sunlight due the…

Age Discrimination Is Tough To Prove – Unless You Tout an “Age Range of 45-52″

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By Eric B. Meyer It’s difficult to prove age discrimination under the Age Discrimination in Employment Act. How difficult is it? I’m so glad you asked. Other federal statutes like Title VII and the Americans with Disabilities Act require a plaintiff to show that a protected-class characteristic like race, religion, or disability motivated (i.e.,…

No PSA? No Worries. You Still Collect

Editor’s note: Jeff Allen has heard every employer excuse you can imagine for not paying up — and dozens more that defy imagination. A few years ago he began documenting them in a weekly collections column. Because of the importance of collections, Fordyce will periodically reprise the most common situations he addressed. What…

The Consequences of Misclassifying Your 1099 Contractors

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The classification of 1099 contractors and W-2 employees has emerged as one of the biggest storylines within the booming freelance economy. According to the ADP Research Institute, more than one-third of midsize businesses have been fined or penalized for not complying with laws pertaining to how they manage their workforces. As we’ve written…