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Employment Law

DOL redefining ‘independent contractor’

07/21/2015
Continuing its attack on misclassification of employees, the U.S. Department of Labor has released new guidance that clarifies how companies should distinguish between employees and independent contractors.

Employee or independent contractor: DOL’s ‘economic realities’ test

07/21/2015
To classify workers as either employees or independent contractors, the Department of Labor says employers should use this “economic realities” test.

Out-of-line! Take action when customers harass employees

07/20/2015
If an employee complains about harassment, take the complaint seriously, even if the harasser is a customer. Ban the customer to make sure the harassment stops—and call the police if the harassment involves touching or invasion of privacy.

Does same-sex ruling affect ADA compliance?

07/17/2015
Q. Does the recent U.S. Supreme Court decision on same-sex marriages have any effect on us with regard to the Americans with Disabilities Act?

No records, no mercy: Failure to track hours spikes damages

07/17/2015
Taqueria Papa Chano’s will pay $36,000 in back pay and overtime to 11 workers following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD).

Coach wins $4M verdict after being fired for reporting hazing

07/17/2015
When the high school football coach at St. Patrick-St. Vincent High School in Vallejo, California learned that some of his players were hazing underclassmen, he reported it to his superiors. The high school investigated and expelled five students. It also fired the coach who reported the hazing. He sued the Catholic Diocese of Sacramento for retaliation.

Daily pay? DOL stops effort to pad Thai eatery’s profits

07/17/2015
Employees at the Aura Thai restaurant in Long Beach, California will no longer be paid flat daily rates for their work. The practice certainly didn’t curry favor with U.S. Department of Labor investigators.

Court: Employee who agrees to arbitration must stick to it

07/17/2015
The Court of Appeal of California has reversed a lower court order denying arbitration and ordered the case into arbitration instead.

No free attorney for employment-related claims

07/17/2015
Here’s good news for employers facing litigants acting as their own attorneys. The Court of Appeal of California has concluded that low-income ex-employees are not entitled to free counsel under the Shriver Act, which calls for legal counsel to “represent low-income parties in civil matters involving critical issues affecting basic human needs.”

Litigious workers can’t force you to quickly disclose co-workers’ names, addresses

07/17/2015
Here’s a bit of positive news on the litigation front: An employee who is in the very first stages of litigation can’t demand the court force his employer to provide a list of names and addresses for all its employees. Instead, the employee has to first provide some proof of his own, individual claim before he can invade other workers’ privacy.