On January 25, 2019, the National Labor Relations Board flopped again in SuperShuttle DFW, Inc., reinstating the pre-2014 common law agency test for determining independent-contractor status (overruling FedEx Home Delivery). Why is this important if you are not a unionized employer? Well, the National Labor Relations Act (NLRA) does not require the same
Employers May Force Individual Arbitration In Employment Agreements
It’s all over the internet, so it must be true! Indeed, this time it is…on May 21, 2018, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis, that employers may have arbitration clauses in employment contracts that prohibit class or collective actions (and it does not violate the National Labor Relations Act).…
NLRB Deciding Whether Independent Contractor Misclassification = NLRA Section 8(a)(1) Violation
In Velox Express Inc., National Labor Relations Board, the National Labor Relations Board (Board) is considering under what circumstances, if any, should the Board deem an employer’s act of misclassifying employees as independent contractors a violation of Section 8(a)(1) of the National Labor Relations Act (Act). On February 15, 2018, the Board announced…
Join Me at the Upper Midwest Labor Law Forum – April 27, 2016
On Wednesday, April 27, 2016, Seaton, Peters & Revnew will be hosting its 11th Annual Upper Midwest Labor Law Forum from 8:15 a.m. – 4:30 p.m at the Doubletree – Bloomington – Minneapolis South (yes, same place the DOL’s prevailing wage seminar is taking place in May). We anticipate another great turnout and hope you can make it! It has been approved for Minnesota and Iowa CLE credits as well as HRCI credits. The agenda is below…notably, yours truly will be presenting the Hot Topics in Employment Law session (and do my best to keep everyone awake after lunch).
If you are interested in attending you can find more information and how to sign up here.
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DOL Issues Administration Interpretation Letter Expanding Definition of “Joint Employment”
On January 20, 2016, the U.S. Department of Labor Wage and Hour Division issued Administrator’s Interpretation No. 2016-1. The guidance letter issued by DOL Administrator David Weil provides expansive definitions of joint employment—broader than the common law test, the OSHA test, and the NLRB’s new Browning-Ferris test, ensuring “that the scope of employment relationships and joint employment under the FLSA and MSPA is as broad as possible.” Businesses in the construction, staffing, janitorial, warehouse, restaurant, and hospitality industries, as well as any business that provides or uses contract labor, are particularly likely to be impacted by this letter.
While this sounds illogical, under the FLSA, an employee can actually have two employers while performing the same work. …
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