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Employee or Independent Contractor?
Under the wage orders, “to employ” means to “engage, suffer, or permit” someone to work for you. Sound confusing? It can be. The simplest approach is to assume that any person who does work for you that is part of your company’s business (who does some part of the work necessary to make the goods […]
News Notes: NCL Issues Five Worst Teen Jobs For 2002
The National Consumers League has released its list of Five Worst Teen Jobs for 2002. According to Darlene Adkins, NCL’s vice president for labor policy, “many teens are working in unsafe conditions without the proper training or supervision. Too many are injured or killed on the job because they were performing tasks prohibited by federal […]
Bulletin Item: Recommendations Made to Prohibit Phone Use While Driving
The National Transportation Safety Board has recommended that legislation be adopted to prohibit the use of cellular phones while driving, especially for inexperienced drivers. For guidance in adopting mobile phone use policies for your organization, see CEA September 2001.
Retaliation: High Court Expands Protections for Employees
The U.S. Supreme Court has just issued a ruling that expands retaliation protections for employees who complain about workplace bias. The ruling limits employers’ discretion to make routine employment decisions.
News Notes: Time Warner Sued Over Benefits For Contingent Workers
The Labor Department has sued Time Warner, Inc., charging that hundreds of workers classified as temporary employees or independent contractors are entitled to retroactive health and pension benefits. Time Warner allegedly classified workers as temporary even after they had worked long enough to be considered regular employees under company guidelines. The government also accuses the […]
E-Alert Item: Court Says Employer Erred When It Unilaterally Discontinued Dues Check-Off Provision
When a collective bargaining agreement expires, and the union and management haven’t negotiated a new one, an employer must maintain the status quo. This means the employer can’t impose unilateral changes on issues that are considered “mandatory subjects of bargaining,” until a new contract is negotiated or the parties have bargained to impasse. Applying this […]
Hot List: New York Times Bestselling Paperback Business Books
The following is a list of the bestselling paperback business books as ranked by the New York Times on February 16. 1. Suze Orman’s 2009 Action Plan by Suze Orman. Managing your money in hard times. 2. The Tipping Point: How Little Things Can Make a Big Difference by Malcolm Gladwell. How and why certain […]
Employment Lawsuits: State High Court Deals Employers a Blow Regarding Arbitration of Overtime Claims; Practical Impact
Although employers have received some welcome rulings from the California Supreme Court over the past few months, a new high court decision squelches a tool some employers had used to prevent class action lawsuits in the wage and hour context. We’ll explain the court’s reasoning and what it means for you.
News Notes: EEOC Backlog Reduced; Race Bias Charges Most Common
Although the Equal Employment Opportunity Commission (EEOC) has receivedan average of more than 85,000 charges a year since 1992, the agency recentlyannounced it has slashed its pending caseload by nearly half in the lastthree years, partly by offering more mediation-based alternative disputeresolution. Complaints of race discrimination top the list (36% of allcharges filed), followed by […]