Are You My Employer?

NLRB Increases Odds the Answer is "Yes"

On October 27th and for the fourth time in the last eight years, the Board has flipped (or flopped) on the answer to the question as to when two completely separate entities are joint employers. Ensure you know the implications for your company.

Consequences Are Dire When You Conspire

A U.S. District Court Judge denied a motion to dismiss a class-action lawsuit alleging antirust violations. Class members included tens of thousands of employees. Defendants include 15 employers and two consulting firms who allegedly conspired to suppress wages, engage in non-poach agreements, and more.

HR's Snarky Remarks Create Sparks

An employee exhausted her 12 workweeks of FMLA leave. The next day she was scheduled to return to work. When she failed to call in or show nine (9) minutes into her shift, she was fired for job abandonment. Her reply? She sued for FMLA interference and retaliation. 

It Doesn't Tickle When HR Blows the Whistle

It hurts. In one case, to the tune of $3.4 Million. Regardless of the industry, most businesses seek to grow their market share. In doing so, they may try to deliver services in a way that meets their prospective customers’ preferences. Some might describe that as part of their diversity program, such as hiring non-white or ESL employees to reflect the employer's customer base. 

Trick or Treat? Form I-9 Update

October 31st is the last day employers may use the "old" Form I-9. Effective November 1st, you must use the new Form with the 08/01/2023 edition date in the lower left corner.