Many workers believe that their employer determines whether their status is as an independent contractor or employee, simply by designating the worker as such on an IRS Form 1099 or W-2. However, this is not the case. The relationship a worker has with an employer is governed by law, not by the employer’s judgment. Your … Read more
The emotional effect of an employee’s departure may make it easy to overlook the many details that must be attended to, so it makes sense to create a checklist in advance. With this in mind, perhaps the first item to place on an employee departure checklist list is: if you don’t already have a checklist, … Read more
In our age of electronic and social media, employers are increasingly faced with what to do about an employee who has acted monstrously outside of work. In the past, except for those present at the event, the larger world may never have been made aware of your employee’s rude drunken rant outside a nightclub, their … Read more
As someone who runs a business or helps with human resources, you are busy with many employee-related tasks, including recruiting and onboarding, employee relations, benefits, and perhaps payroll. But as you go about your day-to-day work, there are many federal laws that must keep up with, because not doing so may lead to serious consequences … Read more
Paid family leave has recently become a hot topic not just for Democrats but also for Republicans. The lucky few employees who already have access to paid family leave are paid fully or partially for long leaves from work for reasons that typically include caring for newly born or adopted children, seriously ill children, or … Read more
A recent decision of the California Supreme Court offers a reminder to employers that it can be dangerous to classify workers as independent contractors unless they truly are. When determining whether workers are properly identified as independent contractors, courts may apply one or more tests while examining the facts of workers’ employment conditions to determine … Read more
A couple of years ago, I wrote about states that had passed laws requiring employers to provide sick leave to their employees. At the time, there were six (6) states that had sick leave requirements. Since that time, the number of states has increased to ten (10). On top of that, there are eighteen (18) … Read more
There are many businesses that like the idea of creating an employee handbook or manual on their own without involving a third-party in the process. If you think you may be one of these businesses, we certainly respect your decision and would like to offer a little advice to help you be as successful in … Read more
There are several employment law movements that are gaining momentum throughout the country. Late last year, we discussed the “ban the box” movement that is pushing legislation that prohibits employers from including criminal history questions on applications and places other limitations on hiring individuals with criminal pasts. Another movement that is gaining momentum is the … Read more
Businesses large and small must be aware of and abide by many different employment laws. However, because of the sheer number of employment laws, not to mention all the other business-related laws that demand compliance, it can be easy to overlook employment laws that are less obvious. Below I discuss four laws that are often … Read more