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Employment Law

Control nixes independent contractor status

04/03/2013

The usual wage-and-hour rules don’t apply to independent con­­tractors because they aren’t em­­ployees. But that doesn’t mean you can forget about the FLSA by deciding to just call some­­one an independent contractor. What really counts is how much control you assert over the individual in how and when she does the work.

Know what really counts as whistle-blowing

04/03/2013

Here’s some good news for em­­ployers: According to a recent Supreme Court of Texas decision, workers who complain to their super­­visors about alleged illegal activities aren’t protected from retaliation under the Texas Whistleblower Act. That’s true even if the supervisor is responsible for legal compliance.

Health care reform: Regs, regs and more regs

04/02/2013
The IRS and the Department of Health and Human Services have released a raft of proposed and final regulations that implement the Affordable Care Act health care reform law, which becomes fully operational in nine months.

Older worker too slow? Firing isn’t age bias

04/01/2013
Some older workers hear “slow” and immediately assume that’s code for “old.” But sometimes, slow just means slow.

Carefully document every rule violation to defend against surprise claims

04/01/2013

You never know which fired em­­ployee might sue or for what reason. That’s why you should always carefully document all discipline, up to and including the final reason for discharge. The fact is, a legitimate business reason almost always defeats a discrimination claim.

The NLRB wants the Supreme Court’s blessing

04/01/2013
The National Labor Relations Board in March announced it will appeal a lower court’s ruling that President Obama exceeded his constitutional authority when he made three recess appointments to the board.

How can I balance ADA with safety concerns?

03/29/2013
Q. Can I consider safety when deciding whether to hire a disabled applicant or retain an employee with a disability?

Do OSHA and other laws cover telecommuting?

03/29/2013
Q. We recently hired someone who will be working from home three days a week. Do OSHA’s regulations and standards apply to home offices? And are there any other laws we would need to be concerned about regarding telecommuting?

EEOC steps up efforts to protect against LGBT bias, harassment

03/29/2013
The EEOC has begun an effort to protect LGBT workers’ rights by broadly interpreting Title VII of the Civil Rights Act of 1964. The EEOC’s newly released Strategic Enforcement Plan for 2013-2016 lists “coverage of lesbian, gay, bisexual and transgender individuals under Title VII” as one of its top six national en­­forcement priorities.

DOL says home-based texters were employees

03/29/2013
Bethlehem-based KGB-USA has agreed to pay $1.3 million to settle charges it violated the Fair Labor Standards Act when it misclassified 14,568 home workers as independent contractors.