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‘Employer’ and ’employment’: Definitions changing, problems brewing

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in Centerpiece,Employment Law,Human Resources

by Michael D. Billok, Esq., Bond Schoeneck & King, Albany

judge with gavelFederal agencies—under the guise of expanding the definitions of employer and employment—are looking to hit a trifecta against independent contractors, franchisors, parent companies and similar entities. Three agencies in particular seem to think it’s a good bet.

Wage and Hour Division

In April 2014, David Weil became the new head of the U.S. Department of Labor’s Wage and Hour Division (WHD).

Before leading the WHD, Weil had published a book titled The Fissured Workplace, a dense lament on the perceived evils of independent contracting and franchising. Weil claims companies want to “have it both ways” by not bearing responsibility for the workers whose labor benefits them.

Thus, it wasn’t surprising that Weil would seek to remedy those perceived evils at the WHD. However, the extent to which his philosophy has reached other agencies is surprising.

Fast forward to Jul...(register to read more)

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