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Managing the Modern Workplace
Managing the Modern Workplace

Earlier in 2020, we discussed the Department of Labor’s (“DOL”) four-factor test for determining whether an entity could be considered a “joint employer” of an individual even if it is not the entity that payrolls that individual.

Managing the Modern Workplace

September 16, 2020
Coronavirus: Preparation & Response
Coronavirus: Preparation & Response

In this final installment of our three-part series around questions for companies to consider during and after the COVID-19 pandemic, we will focus on the increased usage of outside service providers and on issues specific to reopening.

Coronavirus: Preparation & Response

Managing the Modern Workplace

June 2, 2020
Managing the Modern Workplace
Managing the Modern Workplace

Over the last two months, we have seen two new “Joint Employer” rules issued, the first in January, when the Department of Labor issued a new joint employer rule for Fair Labor Standards Act (FLSA) cases, previously discussed here.

Managing the Modern Workplace

March 10, 2020
Managing the Modern Workplace
Managing the Modern Workplace

Have you ever considered the possibility that you might be the next person your contract attorney sues? As frightening as that sounds, that’s exactly what happened in the bizarre dispute leading up to a recent Fifth Circuit  decision, Faludi v. U.S. Shale Solutions, L.L.C.

Managing the Modern Workplace

February 20, 2020
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

January 23, 2020
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

January 21, 2020
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

September 19, 2019
Managing the Modern Workplace
Managing the Modern Workplace

Determining whether an individual providing services to a company is an independent contractor or an employee depends on many factors, some unusual and not typical for employment law questions.

Managing the Modern Workplace

January 29, 2019
Managing the Modern Workplace
Managing the Modern Workplace

A major battle is being waged in California over the business model of ride share companies — and by proxy, the future of the gig economy (we have discussed the ongoing challenges facing the gig…

Managing the Modern Workplace

October 4, 2018
Managing the Modern Workplace
Managing the Modern Workplace

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.

Managing the Modern Workplace

June 21, 2018
Managing the Modern Workplace
Managing the Modern Workplace

The recent Pimlico Plumbers case provides insight into how the UK Supreme Court analyses worker classification.

Managing the Modern Workplace

June 19, 2018
Managing the Modern Workplace
Managing the Modern Workplace

In Dynamex Operations West, Inc. v. Superior Court of Los Angeles County , the California Supreme Court joined a handful of other states, including Massachusetts, in adopting the “ABC test” to…

Managing the Modern Workplace

May 22, 2018