2703, 2017

The Ground Is Moving

By |March 27th, 2017|

In the world of work, two debates rage on: Who is a co-employer, and who is an independent contractor?

Recent federal guidance and case law suggest that the answers to these questions may be everyone and no one, respectively.

Co-employment. Co-employment is defined as the relationship among two or more organizations that both qualify as “employers” under […]

703, 2017

United Opposition

By |March 7th, 2017|

Before hiring a temp or directly employed worker, California companies would have to offer additional hours to existing staff under a state bill proposed in December. Opponents say it would limit employers’ ability to manage their workforces and open them up for further litigation.

The California Chamber of Commerce called it a “jobs killer,” and is […]

1302, 2017

Protect Your Temps … and Yourself

By |February 13th, 2017|

The Occupational Safety and Health Administration’s campaign to improve safety for temporary employees has presented challenges and opportunities for staffing providers.

In its 2013 initiative, OSHA made the staffing agency and host employer jointly responsible for training temporary workers. The premise was that temporary workers are at greater risk of workplace injury than the direct employees […]

111, 2016

Benefit of Counsel: Arizona Calls ‘DIBS’

By |November 1st, 2016|

As proper worker classification remains in the spotlight, the standards by which a worker is properly classified as an independent contractor continue to confuse business owners and contingent workers alike. Conflicting federal and state guidelines applied by various government agencies and courts — think recent Uber and FedEx cases — have left both companies and […]

110, 2016

Benefit of Counsel: Lighten the Load

By |October 1st, 2016|

Recently, some government agencies have changed their rules to more easily find joint employment in situations where they did not find it before.

Joint employment can expose separate employers to union organizing and to increased liability for wage payment, payroll taxes, civil rights violations, workplace safety and other issues. It can also subject small employers to […]

109, 2016

Read, Rinse, Repeat

By |September 1st, 2016|

You’ve won some business with a new customer. It’s an exciting prospect, and as you sign the contract, you might be thinking of your legal obliga­tions as only an afterthought, if at all.

Your plan may be to simply file the contract away and get to work. But do you really know the terms of your […]

108, 2016

Benefit of Counsel: Joint Employment

By |August 1st, 2016|

Last year, the US National Labor Relations Board held that Browning-Ferris Industries was a joint employer of a staffing firm’s employees under the board’s new expanded definition of joint employment. Earlier this year, the board held that, as a joint employer, Browning Ferris had engaged in unfair labor practices when it refused to recognize and […]

106, 2016

Benefit of Counsel: Cleaning Up

By |June 1st, 2016|

In October 2016, California Gov. Jerry Brown signed into law AB 1506, which amended California’s Private Attorney General Act (PAGA), mostly in response to increased litigation over technical violations to wage statements.

Earlier this year, more changes to PAGA were proposed.

PAGA. Enacted in 2003, PAGA essentially deputizes the employee as an attorney general, giving him or her the right to seek civil penalties — not only for […]

305, 2016

Benefit of Counsel: Ban the Box

By |May 3rd, 2016|

Across the United States, approximately 100 cities and counties have adopted “ban the box” laws, making it illegal for an employer to request an applicant’s conviction history at an early stage in the hiring process. There are currently 19 states that have adopted ban the box policies for public employees: California (2013, 2010), Colorado (2012), […]

103, 2016

Benefit Of Counsel: Employers Beware

By |March 1st, 2016|

A huge, federally mandated, change to compensation requirements is just around the corner. Last year, the United States Department of Labor (DOL) issued a notice of proposed rulemaking, the intent of which is to expand the federally mandated overtime protections to millions of new employees.

With the 60-day notice and comment period well behind us, all […]