Are Full-Time Employees of Staffing Companies Exempt? It Depends
A new 6th Circuit case sheds some light on whether full-time employees of staffing companies are considered exempt from overtime.
Tag: Employment law
The Implications of Fair Workweek Laws for HR Departments
When an employee’s work schedule changes unexpectedly or with short notice, it triggers a chain of events that negatively impacts more than just the individual’s performance at work. A single mom, for example, who gets pulled into a last-minute shift might have to find a sitter to care for her children, leading to increased stress […]
Attention North Carolina Employers: Worker Misclassification Law Takes Effect December 31
The North Carolina Employee Fair Classification Act (EFCA), which will take effect on December 31, provides a mechanism that allows workers to more easily report—and state agencies to more easily prosecute—employers that misclassify workers as independent contractors instead of employees.
Company’s Invalid Employment Contract Dooms Noncompete Claims
The New Jersey Appellate Division recently affirmed a lower court’s dismissal of a noncompete claim against a former employee, finding it was based on a contract that was otherwise invalid.
Should you be an HR leader?
by Allison Gusmus Whether you are a salesperson or a CFO, you should be thinking about the people in your organization. You may think, “I’m in sales, why should I care about the people in my organization?” or “I’m the CFO, numbers are my thing, not people,” but you are dead wrong. It’s part of […]
What now? 5 steps to take if your probe doesn’t corroborate harassment allegations
The avalanche of complaints emboldened by the #metoo movement shows no sign of relenting, and many caught in its crosshairs have been unceremoniously fired or forced to resign based on allegations of harassment. Of course, when such allegations arise in the employment context, employers have a duty to investigate and to take action when there […]
Taxi Drivers: Employees or Independent Contractors?
With lawsuits against ride-sharing companies like Uber and Lyft in the news, the issue of whether a worker is an independent contractor or an employee has been getting quite a bit of attention recently. The following case involved an employee performing what now seems like an almost old-fashioned occupation: taxicab driver.
Funeral Director’s Medical Marijuana Use Creates Legal Haze for Employer, Coworkers
The U.S. District Court for the District of New Jersey recently ruled that an employee could bring a defamation claim against his former employer and several of his former coworkers based on rumors they allegedly spread about the reason for his termination.
Bill Takes Aim at Forced Arbitration of Sexual Harassment Complaints
Arbitration, long a favored method of handling workplace disputes, would be removed as an option in sexual harassment and gender discrimination cases if a new bill introduced in Congress becomes law.
Dismissals for incompetence: Are we moving backward or forward?
by Rhéaume Perreault and Michael Adams It appears that employers in Quebec who wish to dismiss employees for incompetence may now need to accomplish an additional step before doing so. Indeed, the Superior Court of Quebec, in Commission scolaire Kativik v. Ménard, 2017 QCCS 4686, recently confirmed an arbitration decision in which an additional criterion […]