Labor Board’s joint employer decision sure to cause headaches

The National Labor Relations Board, which enforces labor laws for both unionized and non-unionized employers, recently issued a ruling on joint employer status for companies using temporary workers through staffing agencies that could have a far-reaching effect on attempts by unions to organize more employers. Right now, nearly three million U.S. workers are employed through temporary agencies.
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Oklahoma court tosses negligent training and supervision claims

Former employees and their attorneys have become increasingly creative when it comes to suing past employers. In addition to filing wrongful termination or discrimination lawsuits, discharged employees have sued their former employers for negligent training and supervision. Essentially, they contend that a manager or supervisor wrongfully ended their employment based upon the employer’s negligence in
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EEOC says sexual orientation protected under Title VII

The last few years have seen a dramatic expansion of rights to persons on the basis of sexual orientation and gender identity. In 2013, the U.S. Supreme Court found unconstitutional the heterosexual definitions of “marriage” and “spouse” in the federal Defense of Marriage Act. Earlier this year, that court found same-sex marriage is a fundamental
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Arbitration policies for wage and hour claims

As the number of Fair Labor Standards Act lawsuits has grown, employers have started taking notice of the power a sizable class made up of numerous employees can command. Arbitration provisions – once the realm of commercial disputes between customers and business – are now part of the labor and employment framework. FLSA collective actions
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Retaliation claims can sink an employer

Retaliation claims of any variety are potentially explosive for employers. Nothing angers jurors, courts or governmental agencies like an employee’s accusation they were fired in retaliation for exercising their rights or “doing the right thing.” Ultimately, a jury, court or agency must decide: “What was the employer’s true reason for firing the employee?” A case
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DOL: Most workers are employees, not independent contractors

This morning, the U.S. Department of Labor (DOL) issued a memorandum providing guidance in helping employers to reduce the misclassification of employees as independent contractors. There is no change to any existing law; however, the issuance of this memorandum does emphasize the DOL’s continued focus on misclassification issues involving independent contractors. The Fair Labor Standard
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