Do You Have Joint Employment Figured?
Yesterday’s Advisor explored employer responsibilities when it comes to joint employment. Today we’ll take a look at the responsibilities of the secondary employer.
Tag: JD
Did You Know Your New Hire Might Make You a Joint Employer?
Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division published an Administrator’s Interpretation addressing joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). They also released a new fact sheet on the Family and Medical Leave Act (FMLA) and joint employment.
Employee Excellence: No Tune-Up Needed
By Jen Carsen, JD I love my sturdy little Subaru – the all-wheel drive is particularly appreciated during our snowy New England winters! – but it’s a 2005 model that’s getting on in years (aren’t we all…). So I spend a fair amount of time at the auto body shop getting things looked at, tweaked, […]
That Time JetBlue Got 150 Strangers to Reach an Agreement in 6 Hours
By Holly K. Jones, JD Passengers on JetBlue Flight 603 were in for a surprise. Near the beginning of the trek from Boston to Phoenix they were given the opportunity to participate in an interesting social experiment called “Reach Across the Aisle.”
Amendments to FEHA—What Employers Need to Know
By Joan Farrell, JD, Senior Legal Editor New amendments have recently been approved to California’s Fair Employment and Housing Act (FEHA) regulations, and employers must take notice and act accordingly. BLR® Senior Legal Editor Joan Farrell, JD, has the necessary information to bring you up to speed.
ADA: Nebraska Supreme Court Adopts Standard for Employee FFD Exams
By Bonnie M. Boryca, JD Some jobs require employees to be able to perform particular physical tasks. An employer may require applicants for those jobs to submit to a medical exam before beginning work. In certain circumstances, you may even require a current employee to submit to a medical or “fitness-for-duty” (FFD) exam to ensure […]
Court Issues Guidance to Employers Facing ADA ‘Regarded As’ Claims
By Jenie Van Hampton, JD A recent case decided by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA).
California Court Shows Proper Way to Calculate Overtime on Flat-Rate Bonus
By Cathleen S. Yonahara, JD A California employer followed a federal regulation for calculating overtime on a flat-rate bonus. An employee filed a lawsuit alleging that the calculation was improper and that the employer should have used the method for calculating flat-rate bonuses set forth in the California Division of Labor Standards Enforcement (DLSE) manual. On […]
FMLA: Shifting Reasons for Termination Lock Prison into Jury Trial
By Michael P. Maslanka, JD It’s crucial that employers take the time to accurately state the reason for an employee’s termination. Not doing so may expose you to liability later. For a recent case that illustrates that basic principle, read on.
Vermont Passes Paid Sick Leave Law
By Susan Schoenfeld, JD Vermont is the latest state to join the growing tide of paid sick leave laws in the states and numerous local ordinances across the country. In February 2016, the Vermont legislature passed a bill that, when effective, will require employers to provide employees up to 3 paid sick days per year […]