Latest Posts › Corporate Counsel

Share:

New Case Shows That “Uber-ization” of Workforce Could Lead to Misclassification Challenges

Earlier this week, I wrote an article about a recent NLRB decision where the Board found a group of workers who provide video content services for the display board at Minnesota Timberwolves basketball games to be incorrectly...more

Unions Win Next Round In Seattle Gig Worker Organizing Battle

Chalk this round up to the unions. In a pair of decisions issued last week, a Seattle federal judge ruled that Seattle’s January 2016 Ordinance that seeks to allow for-hire drivers to form unions and collectively bargain with...more

Labor Board Dunks On Employer’s Contractor Classification Attempt - NBA’s Timberwolves Foul Out In Front Of NLRB

In a ruling sure to leave businesses and gig economy companies crying foul, the National Labor Relations Board concluded that workers producing electronic video display content for the NBA’s Minnesota Timberwolves were...more

Court Says Uber Drivers Can Proceed With National Misclassification Class Action

A federal court judge in North Carolina last week granted permission to a group of Uber drivers challenging the company’s classification structure to band together and proceed with a class action lawsuit against the...more

Next Crack In The Wall: NY Uber Drivers Held To Be Employees

Back in October, we reported that there appeared to be the first crack in the wall when it came to classifying Uber drivers as employees instead of independent contractors. At that time, it was reported that the New York...more

Labor Board Finds Employer Guilty Of “Textual Harassment” - Manager’s Text Message During Union Campaign Deemed Unlawful...

In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more

Dawn Of A New Day? Labor Department Withdraws Obama-Era Guidance On Misclassification, Joint Employment

In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had...more

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

Gig Economy Game-Changer? New Florida Law Ensures Contractor Status For Drivers

The state of Florida is about to enact first-of-its-kind legislation that will ensure most ride-sharing drivers are independent contractors and not employees, eliminating costly misclassification battles and providing a...more

F-Word Facebook Firing Flipped By Federal Court

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Federal Court Provides Roadmap For Misclassification Success – Sort Of

Ruling In Favor Of Independent Contractor Status Provides Boost To Gig Economy - A federal appeals court in New York handed a massive victory to a car service enterprise yesterday, ruling that a group of workers...more

Joint Employment Jolt: Federal Appeals Court Creates New And Troubling Standard

In a pair of sure-to-be controversial decisions, the 4th Circuit Court of Appeals created a new and troubling standard to determine whether individuals should be considered “joint employees” of multiple entities. The new...more

No Excuses: “Retroactive Leniency” Is Not An ADA Reasonable Accommodation

3 Things To Know About Favorable Court Decision - A federal appeals court upheld the termination of an employee who tried to blame her misconduct on her disability during the termination meeting itself. The court ruled...more

An Employer’s Horror Story For Friday The 13th: Retaliation Claim Survives 13-Year Gap

January 2017 is one of those rare months including a Friday the 13th, which might bring to mind a horror movie where a seemingly vanquished killer somehow rises to his feet – once again! – to wreak havoc on his stunned...more

Don’t Read This: 2016 Workplace Law Year In Review

Reverse psychology isn’t the only explanation for the title of this article (although, if you’ve made it this far, it seems to have worked). No, another explanation is that 2016 was a very rough year for employers when it...more

What Employers Need To Know About Puzder’s Selection As Labor Secretary

President-elect Donald Trump has announced that he would nominate Andrew Puzder to be the next Secretary of Labor. This Cabinet-level position heads the U.S. Department of Labor (USDOL), one of the federal agencies that has...more

EEOC Announces New Enforcement Priorities - Gig Economy, High Tech Sector In The Crosshairs

Earlier this week, the Equal Employment Opportunity Commission (EEOC) announced a new series of enforcement priorities on which it will focus over the next five years. By releasing its second-ever Strategic Enforcement Plan,...more

First Crack In The Wall? 2 New York Uber Drivers Awarded Unemployment

The New York Times reported yesterday that two Uber drivers were awarded unemployment benefits by the New York State Department of Labor. While the rulings were made earlier this summer in August and September, they had not...more

Employer Wins $5 Million From Bullying Union

Lessons To Be Learned For Organizing Campaigns - For the first time in American labor law history, a jury found that a union defamed and disparaged an employer while waging a bitter organizing campaign, costing the...more

Employers Win Latest Round In Class Waiver Fight

2nd Circuit Refuses To Join Circuit Courts Siding With NLRB - Employers can breathe a sigh of relief after the 2nd Circuit Court of Appeals once again upheld the validity of class and collective action waivers in...more

Cat’s Paw Theory Of Discrimination Adopted By 2nd Circuit - False Sexting Claims Prove Employer’s Downfall

The federal appeals court in New York just adopted a broad standard for employer liability as a consequence of discriminatory acts by their employees. This standard opens the door to a significant increase in claims being...more

Mandatory Class Waivers Struck Down By 9th Circuit

Employers received their most bruising loss in the ongoing war involving class action waivers today, as the 9th Circuit Court of Appeals became the second federal circuit to strike them down as illegal. When the 7th Circuit...more

84 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide