Two News Items of Interest to HR

The arena of human resources is not a static one. Rather, one of the main challenges for people in the profession is the fact that rules, regulations, and practices are changing all the time. In that vein, I have several things in the news of which you need to be aware. Exempt salary level Back …

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The number of hours worked and the gig economy?

This blog post is a Monday Musing. I was reading a post about the gig economy and how more and more people are employed by it. From that I thought about writing a post on the fact that I feel we have always had a gig economy, but as I investigated more I got into …

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Can you prohibit employees from taking photos at work?

The answer, like many in HR, is it depends on the circumstances. If you ask the NLRB they will tell you “No” if it interferes with an employee’s rights under the National Labor Relations Act. In fact recording of any kind, photographic or voice, has to be allowed baring some valid legal or business justification. …

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Do you know the penalties for improperly classifying employees as Independent Contractors?

I gave a presentation the other day, on behalf of ComplyRight,  on how companies can incorrectly classify workers as independent contractors rather than employees. Many companies think that using independent contractors is a prudent way of doing business. It reduces an employer’s liabilities, keeps costs down and provides greater flexibility than might be achieved by …

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Independent contractor versus employee: “Control” is the issue

In a widely publicized decision in June 2015 the California Labor Commission declared that an individual that drove for Uber was not an independent contractor but was an employee and subsequently owed for mileage, tolls and interest on her car. (Interestingly they did not pay her wages for hours worked, but that was mostly due …

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According to the NLRB it is “OK” to be a racist on the picket line

The Charleston shootings of June 2015 have certainly raised the profile of “racist” activities. But not all racist activities are deplorable if one is to interpret a decision by an NLRB Administrative Law Judge correctly. The Case In a union dispute in Findlay, Ohio striking workers had formed a picket line in front of the …

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When stupid HR results in new laws

I think there is already too much employment related legislation, so I hate it when stupid HR practices prompt legislators to introduce legislation to counteract the stupid HR practice. But alas… No good reason A group of Democrat Senators have introduced the MOVE Act, short for the Mobility and Opportunity for Vulnerable Employees Act. This …

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Future Friday: The future worker is a contractor or is it?

A great deal has been written about the future of work in what has been called the “on-demand” or “gig” economy. The use of independent contractors has been deemed to be the way of the future. It appears however, that not everyone is bought into the concept. Contractors who considered themselves employees have filed lawsuits …

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Can an employer restrict employees from leaving their work station?

The answer to that question is a qualified “maybe” or “maybe not.” Generally it is a given that an employer can control, if they want, when an employee can leave a work station. However, the National Labor Relations Board (NLRB) has offered a different interpretation that restricts an employer’s ability to have this restriction. Watch your …

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June Employee Law Blog Carnival

Ok I have some phrases I want you to identify: The 5-0-4. Dinged for OffCon “6-factor” “clogged drain” Applomodation case derivative sovereign immunity Get any of these? If you did you are better than I am. To learn these terms and more head over to Lawffice Space where Phil Miles has put together a great …

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