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Q. I am assistant HR director for a small company that uses independent contractors as well as full- and part-time employees. In my role, I must ensure that these workers are accurately classified as either employees or contractors, and that my company fully complies with federal and state tax and labor laws. What is out there to assist me in accurately classifying the workers performing services for our firm?
Employers face difficult compliance issues every year, but according to Ogletree Deakins attorney Diane Saunders, four areas now deserve special attention.
Two California Court of Appeal districts have significantly expanded employee protection for whistle-blowers. The cases highlight that employees don’t actually have to “blow the whistle” to be protected from retaliation.
Last month, we provided background information on California’s new Paid Sick Leave Law. This month, we follow up with critical information on how you need to implement the law.
Q. We suspect someone is conducting inappropriate business using their work email. Is it illegal for us to monitor their email without their consent?
Employees who claim they were fired for seeking workers’ comp benefits are entitled to a jury trial. That can result in big damages, as juries are notoriously prone to making employers pay.
Good news for employers that are sued by pro se litigants—employees who act as their own lawyers. Courts really don’t want to waste time on cases that no attorney has seen fit to take on. However, they also don’t want to let lack of legal representation sink an otherwise solid claim.
The House of Representatives has approved legislation exempting some military-connected and emergency-services workers from counting toward the employee thresholds that trigger the play-or-pay mandate that forms the backbone of the Affordable Care Act.
The Minnesota Supreme Court has overturned 20 years of precedent, ruling that some whistle-blower cases may be filed up to six years following an employer’s discriminatory act.
A federal court has dismissed a former employee’s claim under the Electronics Communication Privacy Act alleging that his employer illegally destroyed valuable information when it remotely wiped clean his iPhone after he resigned. That’s good news for IT departments that must protect company information that might be stored on former employees’ smartphones.