In a recent decision, the National Labor Relations Board (NLRB) has changed how determinations will be made to determine whether a worker is an independent contractor or not. In previous decisions, the NLRB has said that it would prioritize the entrepreneurial opportunities of a worker to determine whether they qualify as an independent contractor. In this decision, however, they have said they will look to a wide variety of factors to determine if someone qualifies for that classification.
The Writers Guild of America (WGA) has gone on strike in protest against low wages and poor royalties throughout the film and television industries, which they say has made it nearly impossible for writers to make a living. In particular, they complain about a lack of royalties for “new media” such as streaming shows and movies, which they say they make almost no money from. In addition, there is increased suspicion towards the use of artificial intelligence (AI) as a replacement for writers and other artists, which they say may be used to devalue their work.
A new bill introduced in the United States House of Representatives would require employers to increase wage transparency for job postings. The bill, dubbed the “Salary Transparency Act,” would force employers to post the wage or wage range for any job posted for people to apply to, whether internally or publicly. This is meant to make it easier for job applicants to know the compensation of the jobs they are applying for before they go through the effort of the application process.
The Americans with Disabilities Act guarantees workers the right to “reasonable accommodations” for their disabilities, which must be provided by their employer. However, that does not mean that everyone gets access to everything they might want to make their jobs easier. So how do you know if you might be entitled to a reasonable accommodation, and what does that look like?
A surprising number of people across the United States are commissioned employees, people who are paid in part based on their sales or other metrics of job performance. While these jobs can be potentially lucrative for some, they also carry their own potential risks for exploitation by employers. Here are five things you need to know about commissioned employees:
In a recent complaint before the National Labor Relations Board (NLRB), Activision Blizzard was found to have illegally retaliated against unionized workers. The company was found to have withheld raises from unionized workers that were granted to non-unionized workers, which the NLRB found constituted illegal retaliation. Activision Blizzard, for its part, denies that it engaged in any wrongdoing, and says it was merely following the law by not granting raises during a labor dispute.
According to the New York State Department of Labor, there have been more than 31,000 employee misclassification cases in the state since 2007. While this is sometimes the result of an honest mistake, some employers will intentionally misclassify their employees as independent contractors, resulting in serious legal and financial problems. But why might an employer intentionally misclassify someone as an independent contractor? Continue reading “Why Might You Be Misclassified as an Independent Contractor?”
Business owners, executives, and directors do not like it when workers try to unionize. As a result, they tend to promote a number of myths about labor unions, in order to discourage workers from exercising their legal right to collectively organize. Here are just some of the most common myths people say about labor unions:
In a recently filed lawsuit, the College Basketball Players Association (CBPA) has accused the National Collegiate Athletic Association (NCAA) of violating Sec. 8(a)(1) of the NLRA “by classifying college athletes as student-athletes.” In so doing, the CBPA alleges the NCAA has illegally benefitted from the work of college athletes without giving them the income or benefits they would otherwise be entitled to. They have filed a charge with the National Labor Relations Board (NLRB) to have them investigate the issue, with the intent of changing the existing law.
Broadly speaking, there are two primary types of workers: employees and independent contractors. While this may not seem especially relevant to some people, the legal distinction between the two is incredibly important. Depending on whether you are an employee or independent contractor, you could have far different protections and responsibilities to your employer. Here are five things you should know about independent contractors: