smthomas

Sharon Thomas

About Sharon Thomas

Sharon Thomas is senior managing editor with Staffing Industry Analysts. She can be reached at smthomas (at) staffingindustry (dot) com.

Regulatory roundup: NLRB IC standard; Massachusetts’ joint-employer test

|January 5th, 2022|

The NLRB is poised to abandon the current standard for determining whether independent contractors are properly classified; Massachusetts’ High Court sets standard governing joint-employer liability.
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EEOC clarifies when Covid-19 may be a disability

|December 15th, 2021|

The agency updated guidance to clarify under what circumstances Covid-19 may be considered a disability under the Americans with Disabilities Act and the Rehabilitation Act.
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Company sidesteps joint-employer liability; premises law a risk

|November 10th, 2021|

While not liable for alleged sexual harassment of a contractor’s employee as a joint employer, a company may face fresh claims stemming from its control of the worksite.
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Buyer owes $1.4 million for IC misclassification; owners personally liable

|November 3rd, 2021|

Owners of a Las Vegas call center must pay more than $1.4 million in back wages and damages to 1,328 workers intentionally misclassified as independent contractors, a federal court ruled.
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Discriminatory hiring requests: Only training can change the paradigm

|October 13th, 2021|

Asking your staffing provider to use discriminatory hiring practices can land both firms in hot water, as can unconscious biases. Be sure your program stakeholders are on the same educated page to ensure a fair and inclusive process.
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Judge: Arbitration agreements not a shield from federal action

|September 29th, 2021|

Arbitration agreements between employers and workers do not preclude the US DOL from taking action on behalf of those workers, a federal judge ruled, allowing an independent contractor misclassification case to proceed.
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Court vacates Trump-era wage-based H-1B selection process rule

|September 22nd, 2021|

A federal district court on Sept. 15 struck down a Trump administration rule that would have given high-wage positions priority in the H-1B selection process, replacing the lottery-based process currently in use.
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Misclassification roundup: $7.3 million lawsuit settlement; $235,000-plus DOL recovery

|August 25th, 2021|

A medical technology firm settled a misclassification suit for $7.3 million and agreed to reclassify sales associates as employees; the DOL recovered more than $235,000 for 131 home health aides misclassified as independent contractors.
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California truckers file AB 5 appeal with US Supreme Court

|August 11th, 2021|

The California Trucking Association announced Aug. 9 it has filed a petition for the US Supreme Court to review its case challenging California’s AB 5 law, Reuters reported.
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USCIS conducts second random selection from H-1B cap registrations

|August 4th, 2021|

US Citizenship and Immigration Services has selected additional H-1B registrations to reach the fiscal-year 2022 allocations. The newly selected registrants have until Nov. 3 to file their petitions.
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