What Happens When an Employee is Misclassified?

Employee misclassification is a surprisingly widespread problem across many industries, and yet it is poorly understood by most workers. And yet, whether an employee is properly classified can have a massive impact on their taxes, income, and benefits. So, why is it that some employees are misclassified, and what can you do to deal with it? Continue reading “What Happens When an Employee is Misclassified?”

SCOTUS Upholds Religious Objection to ACA Contraceptive Mandate

In a recent decision by the Supreme Court of the United States, it was held that the religious exemption to the Affordable Care Act’s (ACA) contraceptive mandate applied to all businesses with a religious or moral objection, not merely churches or other religious orders. This ruling could have a significant impact on healthcare benefits for employees around the country and could have other implications in related fields of law. This case is part of a growing trend by the court that has granted ever greater religious freedoms to employers, often at the expense of their employees. Continue reading “SCOTUS Upholds Religious Objection to ACA Contraceptive Mandate”

NY AG Sues Department of Labor Over FFCRA Rule

New York Attorney General Letitia James has filed a lawsuit against the United States Department of Labor (DOL) alleging they created a rule that violates the plain text and meaning of the Families First Coronavirus Response Act (FFCRA). The lawsuit alleges, among other things, that the rule creates overly broad categories excluding certain workers from paid sick and family leave and has imposed conditions on certain benefits without a statutory basis. The lawsuit could affect thousands of employees in New York, and potentially millions around the United States. Continue reading “NY AG Sues Department of Labor Over FFCRA Rule”

Employer Permitted to Force Employee Weekend Overtime

The National Labor Relations Board (NLRB) has recently issued an advice memo stating that an employer could force its employees to work overtime on the weekend. This was notwithstanding an extant union contract that had vague language with respect to whether the employer could force its employees to work overtime. The NLRB memo is a good reminder that employment contracts, including union contracts, need to be carefully worded to avoid exploitation by an employer or employee. Continue reading “Employer Permitted to Force Employee Weekend Overtime”

California Anti-Arbitration Law Held Up by Federal Injunction

A recent California law that would have made it illegal to put mandatory arbitration clauses in employment contracts has been held up by an injunction from a federal court. The new anti-arbitration law faced a great deal of controversy, as employers have made arbitration agreements an increasingly common part of their employment contracts. The injunction was issued as part of a lawsuit by employers attempting to prevent the law from coming into effect, as it would have this year. Continue reading “California Anti-Arbitration Law Held Up by Federal Injunction”

DOL Issues Final Rule on Joint Employment

The Department of Labor (DOL) has issued its final rule for joint employment under the Fair Labor Standards Act (FLSA). The rule helps to clarify an area of employment law that has long been a source of contention between employers and employees, ending contention that goes back at least sixty years. In particular, it creates clear criteria for what a “joint employer” is and what responsibilities they have to their employees. Continue reading “DOL Issues Final Rule on Joint Employment”

Former Tinder Executive Must Arbitrate Sexual Assault Claim

A federal district court in California has ruled that a former executive for Tinder, the popular dating app, must resolve her sexual assault claim against the company’s CEO in private arbitration. This is in accordance with an arbitration agreement she signed a full year after the alleged assault, which was determined to apply retroactively. The executive claimed the agreement was forced on her to silence her, but the judge determined it was still valid and enforceable. Continue reading “Former Tinder Executive Must Arbitrate Sexual Assault Claim”

What is an Independent Contractor?

When most people think of the relationship between an employer and a worker, they envision something like the archetypical employee. The worker goes into the place where they’re employed, works however long they’re scheduled to work, and goes home at the end of the day. However, some workers aren’t employees, but are instead independent contractors, and things work a little differently for them. Continue reading “What is an Independent Contractor?”

The Scourge of Misclassified Employees

Under federal law, there are two primary kinds of paid workers: employees, and independent contractors. And whether intentionally or accidentally, employers are mixing up the two, to the detriment of their own workers. Being misclassified can have major financial and legal implications to an employee, and it’s important to know what to do if you think you’ve been misclassified. Continue reading “The Scourge of Misclassified Employees”

Uber Drivers Are Independent Contractors, Not Employees, According to NLRB

In a recent ruling, the National Labor Relations Board (NLRB) has ruled that Uber drivers, and other ride-share drivers working for companies like Lyft, are independent contractors rather than employees. This means they do not have the right to unionize and are not afforded many of the legal protections they would receive if they were considered employees. Uber considers this ruling a major victory, as most of their workforce are drivers working under ride-share agreements, and their financial and legal obligations would have substantially increased if their drivers were ruled to be employees instead.

Continue reading “Uber Drivers Are Independent Contractors, Not Employees, According to NLRB”