Archives: Terms of Employment

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California Federal Court Finds That “Gig Economy” Workers Are Independent Contractors, Not Employees (US)

Uber, Lyft, Airbnb, Postmates, DoorDash.  All are companies participating in what has been labeled the “gig economy,” where tasks are performed by workers on a short-term or freelance basis rather than through long-term or permanent employment.  As more people participate in this new, mostly smartphone application or Internet-based work model, litigation has followed centering on … Continue Reading

Major Developments for Union and Non-Union Employers – NLRB Announces New Standards For Employment Policies, Joint Employment, and Signals Change In Election Rules

The National Labor Relations Board (NLRB or Board) issued two groundbreaking decisions on December 14, which will give both union and non-union employers significantly more flexibility to manage their operations.  Earlier this week, the Board also signaled that it will revise the “quickie” election rules implemented in 2015 in the near future.  These developments will … Continue Reading

Attention Kmart Shoppers! Oregon Passes Law Regulating Retail Worker Scheduling Practices

Oregon is the first state to mandate that the state’s largest employers in the retail industry, as well as in the hospitality and food service industries – those with more than 500 workers  – provide employees with their schedules, in writing, at least a week ahead of time.  They’ll also have to give workers a … Continue Reading

Fifth Circuit Reins In NLRB After It Declares Basic Workplace Civility Policies Illegal

As we have reported to you in the past, workplace conduct policies have become a hotbed of trouble due to the NLRB’s recent focus on their potential for chilling union activity. In one such recent action, the NLRB attacked several employee handbook policies of employer T-Mobile USA, Inc./MetroPCS Communications, Inc. (MetroPCS is an affiliate of … Continue Reading

Desperately seeking substance – BIS Call for Evidence on restrictive covenants

“We want to ensure that when used, covenants are justified, well-constructed, targeted and reasonable. There needs to be a balance which ensures the employer can protect its business interests when staff move on and the worker is not unfairly disadvantaged when they (SIC) decide to leave or start up their own business“. So says the … Continue Reading

DOL Issues Proposed Rule Implementing Executive Order on Paid Sick Leave For Federal Contractors

The Department of Labor (DOL) has announced a Proposed Rule [pdf] to implement Executive Order 13706, Establishing Paid Sick Leave for federal contractors.  As we previously reported, under that Order, beginning January 1, 2017 federal contractors and subcontractors must grant each employee working under covered contracts (or covered subcontracts) one hour of paid sick leave … Continue Reading

NLRB Not Waffling on Pre-employment Class-Action Waivers Despite Fifth Circuit Reversals

Nearly two years after Waffle House Inc. employee Carrie Harris filed an unfair labor practices charge, the Georgia-based breakfast chain was unable to butter up the National Labor Relations Board (NLRB). Harris’ complaint alleged that Waffle House’s arbitration agreement that employees were required to execute as a condition of their employment violated the National Labor … Continue Reading

Breaking News: Executive Order Establishing Paid Sick Leave For Federal Contractors

Yesterday (September 7, 2015), while most workers were celebrating Labor Day, President Obama signed an Executive Order mandating that private employers doing business with the federal government provide paid sick leave to those employees working under federal contracts.  Under the Order, beginning January 1, 2017, all federal contractors and subcontractors must agree to grant each … Continue Reading

Managing Directors and certain board members in Spain may need to revisit their contracts

Reforms of the Spanish Companies Act (‘Ley de Sociedades de Capital’) which came into force at the end of 2014 introduced new regulations challenging the historical professional relationships of members of Boards of Directors.  Now that we are in the middle of the Annual General Meeting season in Spain, perhaps it is time for a … Continue Reading
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