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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 06
  • February
  • 2018

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What Do You Mean Someone I've Never Met Is My Employee?

While the current National Labor Relations Board appears to be heading in the right direction when it comes to the joint employer and independent contractor issues, it is important to remember that federal courts may still find employers to be “joint employers.” This point was recently brought home in a decision by the United States District Court for the Southern District of West Virginia, decided on January 3, in the case of Young v. Act Fast Delivery of West Virginia, et al.

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New Year's Resolutions for Modern Workplace Readers

If you’re a frequent reader of the Modern Workplace blog, there’s a good chance you’re involved in human resources and employee relations in some capacity, perhaps as in-house counsel, HR manager, or outside attorney or consultant. In keeping with a tradition for our blog, the Modern Workplace editorial staff has put together a set of New Year’s resolutions for our readers who can impact workplace policies and procedures for 2018.

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Holiday Hiring — Don’t Get a Lump of Coal from the DOL

As retailers begin to light up big Christmas trees, play merry carols, and otherwise prepare themselves for a busy and festive gift-giving season, they and other employers may onboard seasonal workers to help with the holiday rush. If you’re one of those employers, here are a few key reminders to stay on the U.S. Department of Labor’s “nice” list this season.

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Texas Enters the Fray: Is Your Uber Driver an Independent Contractor?

When Texas Governor Greg Abbott signed a new law regulating “Transportation Network Companies” this past Memorial Day, he was probably more interested in limiting the right of more liberal municipalities—such as Austin or Houston—to regulate ride-hailing companies than on the ongoing debate over the employment status of Uber and Lyft drivers.

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Mixed Messages on Independent Contractor and Employee Background Checks

On January 6th, Massachusetts will implement what its governor touts as “the most stringent ride-for-hire background check system” in the U.S. Uber and Lyft drivers will now be required to pass criminal background checks overseen by a state agency as a condition to picking up passengers in the Bay State. The requirement, which may become a model for other states, raises interesting questions in an era in which independent contractors are becoming subject to increased scrutiny but it is becoming more challenging for employers to elicit information on their prospective employees.

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HR Directors – What’s On Your Holiday Wish List?

At this time of year, everyone makes lists. Gift wish lists and New Years’ resolutions are pretty common. But what about HR directors—what’s on your holiday wish list? From a people management perspective, you might want to have front-line supervisors that are given sufficient time to actually manage the people they’re in charge of. You might want better communication and integration between long-term business goals and the pressure to cut workforce-related costs. From a legal perspective, you might want better guidance from regulatory agencies, or perhaps even more tools from the government to help you understand the rules and how to apply them to your workforce.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Jacob D. Ecker

Jacob D. Ecker Associate

Robert Sheppard

Robert Sheppard Associate