Company sidesteps joint-employer liability; premises law a risk
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.
‘Who is responsible for granting accommodations to the vaccine mandate?’
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.
Discriminatory hiring requests: Only training can change the paradigm
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.
Contingent worker awarded $137 million in discrimination case against Tesla
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.
DOL rescinds Trump-era joint-employment regulation
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.
Repeal of Trump-era joint employer rule nears as White House concludes review
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.
Appeals court overturns AB 5 injunction, rules California truckers not ICs
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.
Regulatory update: Joint employer rule and IC test formally withdrawn
The DOL announced proposals to formally withdraw the independent contractor final rule and the regulation determining joint employer status under the FLSA.
House passes legislation codifying Browning, three-factor IC test
The US House of Representatives on Tuesday passed legislation that would affect several aspects of employment law, including independent contractor classification and joint employment.
Labor union lodges NLRB complaint against Google and staffing provider
A union that represents workers of all categories at Google filed a complaint alleging unfair labor practices against a staffing provider, including Google as a joint employer.
