Problems with the New Test for Joint-Employer Status
December 31, 2015
This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Problems with the New Test for Joint-Employer Status
December 31, 2015
Last summer, the National Labor Relations Board (NLRB) reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Wage and Hour Red Flags
December 31, 2015
Last month, we discussed the fact that many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. We conclude herein with points 9 through 16.
Protecting Your Company's Data from Security Breaches
December 31, 2015
This article explores some steps counsel can take to protect their organizations from a data breach, and how counsel can proactively help to mitigate any adverse impact in the unfortunate event a data breach occurs.
Mobile Mayhem: Smartphones and Security (Or the Lack Thereof)
December 31, 2015
BYOD implementation can come in a wide variety of different formulations, but it essentially means that employees are choosing their own hardware and, to one degree or another, mixing personal and business use on a device. This means personal devices with no control from employers other than perhaps some unmonitored, unenforced, and mostly unread policy guidance.
Federal Contractors Must Offer Paid Sick Leave to Their Employees
November 30, 2015
On Sept. 7, 2015, President Barack Obama signed Executive Order No. 13706, which requires federal contractors to offer their employees working on federal contracts up to seven days of paid sick leave per year. The Executive Order will impact contracts entered into on or after Jan. 1, 2017.
Wage and Hour Red Flags
November 30, 2015
Many California employers are hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. Some of these claims are legitimate, some are not, but employers must defend against all such claims, often incurring hefty attorneys' fees in the process.
Child Support Calculations Under Various State Laws Reveal Widely Varying Amounts
November 30, 2015
This article outlines essential elements for the calculation of child support under the statutory schemes in New York, Florida, Pennsylvania and Washington. Each section includes a calculation of child support for one child assuming the residential or custodial parent earns an income of $50,000 and the non-residential parent earns $100,000.
How Much Investigation Is Enough?
November 30, 2015
Employers have frequently questioned the adequacy of the EEOC's pre-suit investigations. To their consternation, in September 2015, the Second Circuit held that courts do not have authority to review the extent or sufficiency of the EEOC's investigation of charges.
