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

And a Happy New Year to California Employers...

Last week, we talked here about some new challenges for New York employers in the new year, and how New York was in the running to supersede California as the toughest state for employers. Alas, notwithstanding the efforts of the New York legislature, California still retains its crown as the most challenging state for employers.

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Whose Employees are They Anyway? DOL Issues New Rule on Joint Employers

Last week, the Department of Labor issued a new, final rule defining the test needed to determine joint employment status under the Fair Labor Standards Act (FLSA). The rule narrows the factors which agencies and courts should consider in finding this status, and it offers employers a certain amount of clarity on the doctrine. This adds to the continued attempt to divine the term “employee” under U.S. law that we have addressed in the past (e.g., here and here).

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So Long Side-Hustle? – California Aims to Reshape “Gig Economy” With Bill AB 5

Last Wednesday, the California legislature passed bill AB 5, a sweeping measure sure to impact the “gig economy” and any business that likens itself the “Uber of _____.”  If signed into law (and the governor has already signaled his intention to sign it), AB 5 would require many companies to re-classify as “employees” many workers who are currently classified as independent contractors, so long as they satisfy certain criteria. AB 5 could force drastic changes to many companies’ business models, requiring them to abide by state minimum wage laws, and to pay payroll taxes, premiums for workers’ compensation, Social Security, unemployment, and disability insurance for their employees’ benefit. Companies impacted would also need to provide their workers the ability to collectively organize under the protections of federal labor laws. 

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  • 21
  • June
  • 2018

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Don’t Be an Ostrich When Dealing with Your Subcontractors

A few weeks ago I spoke about the legal challenges of managing contractors at the Texas Chemical Council’s annual Environmental, Health & Safety conference in Galveston, Texas. While it is “black letter law” that employers are not liable for injuries to employees of subcontractors that they do not control, general contractors in reality are often sued by the employees of their subcontractors after being barred from suing their own employers by workers’ compensation statutes.

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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