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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Labor union lodges NLRB complaint against Google and staffing provider

|February 10th, 2021|

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.

Temp workers and Covid-19 liability

|October 28th, 2020|

Some states adopt different approaches to workers’ compensation coverage issues as they apply to Covid-19. As co-employers, buyers are shielded from further liability when workers’ comp applies.

Will buyers be on the hook for Covid-19 paid-leave charges?

|September 16th, 2020|

You may have been surprised to see a new charge on a recent staffing invoice: paid sick leave for one or more of your contingent workers. Why you might be obligated to pay.

NY judge strikes down DOL co-employment rule

|September 16th, 2020|

A federal district court in New York struck down a significant portion of the DOL’s new standard for establishing joint-employer liability under the Fair Labor Standards Act.

Term limits: Misunderstood role in co-employment — Part 2

|March 4th, 2020|

Co-employment is a factor in many labor laws and is interpreted differently by agencies and courts. An attorney shares a few examples and explains when term limits do make business sense.

State AGs sue to stop DOL joint-employer rule

|March 4th, 2020|

Attorneys general from 17 states and the District of Columbia filed a lawsuit last week to stop the US Department of Labor’s new joint-employer rule.

Term limits: Misunderstood role in co-employment

|February 26th, 2020|

Often the most common risk contingent workforce programs want to address is co-employment and a common strategy they turn to is term limits. An employment attorney and co-employment expert reprises his argument that the strategy is flawed.

NLRB issues joint-employer final rule

|February 26th, 2020|

The National Labor Relations Board issued its final rule governing joint-employer status, restoring the standard applied by the board prior to the 2015 decision in Browning-Ferris, but with the greater clarity.

Term limits have little benefit when adopted to avoid co-employment

|February 12th, 2020|

How long someone has been engaged is almost never very important in deciding whether co-employment exists in a particular case.