If you aren't certain your workers are properly classified as employees or independent contractors, you're not alone. Unfortunately, the Department of Labor is keeping an eye out for companies that classify workers as contractors when they are legally employees. This...
Employment Litigation
Appeals court: NLRB’s ‘joint employment’ rule was too broad
When might one company be considered a "joint employer" with another company over the same workers? It's an important question, because joint employers share liability for labor law violations. Consider the case of a franchisor and franchisee. When could a franchisor...
Supreme Court unanimously applies ADEA to small public employers
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination in any aspect of employment against people 40 and older. When two firefighters from a small Arizona district sued for alleged age discrimination, however, the fire district claimed that...
Judge: Bankruptcy won’t protect Weinstein Co. from lawsuits
The Weinstein Co., which was co-founded by Harvey Weinstein, has filed for bankruptcy in Wilmington, Delaware. Dozens of women, at the least, may wish to sue the company for its alleged role in concealing sexual misconduct complaints against Harvey Weinstein. Filing...
Judge: Bankruptcy won't protect Weinstein Co. from lawsuits
The Weinstein Co., which was co-founded by Harvey Weinstein, has filed for bankruptcy in Wilmington, Delaware. Dozens of women, at the least, may wish to sue the company for its alleged role in concealing sexual misconduct complaints against Harvey Weinstein. Filing...
Supreme Court upholds arbitration clauses in employment contracts
In what many consider a major victory for employers, the U.S. Supreme court has upheld the use of mandatory arbitration clauses or agreements in employment contracts. These clauses typically require employees to bring legal complaints singly in arbitration as opposed...