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Employment Law

Independent contractor status in California: Court of Appeal wades into classification debate

08/26/2015
The Court of Appeal of California has ruled in a case testing the limits of calling workers independent contractors. Employers should review their independent contractor arrangements to make sure they meet California requirements.

2, 4, 6, 8! Who does California appreciate? Cheerleaders!

08/26/2015
It’s official—professional cheerleaders are now recognized as employees under California law. In July, California Gov. Jerry Brown signed a bill requiring California professional sports teams to pay their cheerleaders at least the minimum wage.

Justify change that will affect older workers

08/26/2015
Are you planning to change the way you schedule work or provide overtime opportunities? If the proposed changes would affect your older employees, make sure you document solid business reasons to justify the new system, just in case it is challenged in court.

No formal ADA accommodation request required

08/26/2015

Employers can’t rely on the lack of a formal reasonable accommodations request as the basis for not providing one if it is obvious the employee is disabled and has informally indicated he needs help. There are no magic words required, no need to invoke the ADA, the Rehabilitation Act or state disability statutes.

Doing fill-in tasks doesn’t make bosses nonexempt

08/26/2015
A manager who has to fill in for subordinates when they are absent or because a position is vacant doesn’t necessarily lose exempt status.

Court: Home health aides can have minimum wage, overtime protection

08/25/2015
A federal appeals court has upheld Department of Labor rules that grant minimum wage and overtime pay protection to live-in home health care workers employed by third parties.

Disability isn’t ‘get out of jail free’ card–it must be revealed before discipline

08/24/2015

Some workers who learn they’re about to be disciplined or even fired for poor behavior may try to use an alleged disability as an excuse. But if they never revealed before that they have a disability, it’s too late to try that tactic on the eve of being punushed.

Alleged harassment victim must file complaint

08/21/2015

When an employer provides a way for employees to complain about poor treatment based on harassment, it will only be liable if it knew about the offensive behavior and failed to address it. That’s why you should be prepared to document all complaints.

DOL keeps beating misclassification drum

08/20/2015
How serious is the U.S. Department of Labor about cracking down on employers that misclassify workers as independent contractors instead of employees? It has begun a weekly media campaign to tout its growing list of legal victories in misclassification cases.

Ignorance and Inconsistency: The Two-Step Path to Court

08/19/2015

Nobody ever said complying with federal employment laws would be easy or inexpensive. It also isn’t optional. As this case shows, ignoring your legal obligations—or trying to find creative ways around them—can be even more costly. And allowing one person to make arbitrary decisions about who gets leave and who doesn’t is never a good idea …