Co-employment

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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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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‘Who is responsible for granting accommodations to the vaccine mandate?’

|November 3rd, 2021|

As we await OSHA’s rules for implementing the Biden administration’s vaccine mandate, SIA’s director of legal and regulatory research anticipates programs’ likely responsibilities — and potential costs.
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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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Contingent worker awarded $137 million in discrimination case against Tesla

|October 6th, 2021|

A federal jury in San Francisco awarded a contingent worker at Tesla Inc. $137 million in damages in a racial discrimination lawsuit. The award included $130 million in punitive damages.
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DOL rescinds Trump-era joint-employment regulation

|August 4th, 2021|

The US Department of Labor announced the anticipated final rule that rescinds the Trump-era regulation covering joint employment of workers such as between staffing firms and client companies.
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Repeal of Trump-era joint employer rule nears as White House concludes review

|July 21st, 2021|

The White House last week cleared the way for a repeal of the Trump administration’s standard for joint employment that many considered more business friendly.
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Appeals court overturns AB 5 injunction, rules California truckers not ICs

|May 5th, 2021|

A federal appeals court ruled that truck drivers in California should be classified as employees rather than independent contractors, overturning an injunction that stopped the trucking industry from coming under Assembly Bill 5, California’s get-tough law on independent contractor misclassification.
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Regulatory update: Joint employer rule and IC test formally withdrawn

|March 17th, 2021|

The DOL announced proposals to formally withdraw the independent contractor final rule and the regulation determining joint employer status under the FLSA.
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House passes legislation codifying Browning, three-factor IC test

|March 10th, 2021|

The US House of Representatives on Tuesday passed legislation that would affect several aspects of employment law, including independent contractor classification and joint employment.
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