In the Global Employer Magazine: 2019 Horizon Scanner we review the key themes and trends that dominated the employment law landscape in 2018, and explore the global trends and issues employers need to know about in 2019.
On January 25, 2019, the National Labor Relations Board reaffirmed its adherence to the traditional common law independent contractor test for determining whether a worker is an employee or an independent contractor under the National Labor Relations Act.
In SuperShuttle DFW, Inc., the Board expressly overruled its 2014 FedEx Home Delivery decision. In FedEx, the Board drastically reduced the significance of entrepreneurial opportunity in the determination of independent contractor status. FedEx emphasized the right to control factors relevant to the so-called “economic realities” test and gave weight to whether a worker was in fact “seizing” actual opportunities and rendering services as part of their own independent business.
SuperShuttle DFW, Inc. is significant as it abandons the Obama-era standard and gives a boost to companies using contract labor by elevating the importance of entrepreneurial opportunity in the independent contractor analysis. Insodoing, the Board returns the legal framework to its traditional common law roots and adds the examination of entrepreneurial opportunity. The decision suggests that moving forward, the Board “evaluate the common-law factors through the prism of entrepreneurial opportunity when the specific factual circumstances of the case make such an evaluation appropriate.”Continue Reading Emphasizing “Entrepreneurial Opportunity,” The NLRB Returns To Business-Friendly Independent Contractor Test
In the wake of the #MeToo movement, a number of states (and New York City) now mandate workplace sexual harassment prevention training.
The chart below is intended to help multi-state employers keep track of their obligations across the country.Continue Reading Quick Guide To Harassment Prevention Training Requirements Across The US
To help multi-state employers determine the minimum amount they must pay non-exempt employees, our chart below summarizes state and local increases this year. (Unless otherwise indicated, the following increases are effective January 1, 2019.)
This chart is intended to discuss rate changes that affect employers generally, and may not necessarily cover all industry-specific rate changes.Continue Reading New Year, New Minimum Wage Rates Across The US
Join us at 3:00 pm Thursday, January 24 for our California Employment & Compensation Update in our new Los Angeles office. A range of topics will be covered during our program which will begin with a panel discussion addressing emerging trends in advancing corporate Diversity & Inclusion goals, followed by your choice of updates on
On December 3, 2018, the USCIS published for comment a proposed final rule that, if implemented, will dramatically change the H-1B Cap Process for US employers.Continue Reading USCIS Seeks To Implement Significant Change To H-1B Cap Process For Employers
For many companies, their compensation plan year coincides with the calendar year. So, as we approach the end of 2018, it’s a holly, jolly time to review, revise and plan for implementation of commission and bonus compensation plans for 2019. (And, for those companies on non-calendar year comp cycles, it’s a good time to start on that New Year’s resolution and get ahead.)
We are decking the halls with requests for commission and bonus compensation plan reviews to make it before the ball drops on December 31.Continue Reading Do You Hear What I Hear? It’s Comp Plan Review Season Everywhere
The Department of Labor’s newly issued opinion letter provides good news for employers who use tipped workers. On November 8th, the DOL reversed its previous “80/20” guidance on use of the tip credit. The tip credit permits employers to pay employees in tip-based positions, such as bartenders and waiters, a lower hourly wage than the federally mandated minimum wage (with the thought that earned tips will make up the difference). Under the previous “80/20” rule, employers were barred from paying the lower cash wage to tipped employees who spent more than 20% of their time performing non-tip generating duties such as setting tables or cutting lemons.Continue Reading DOL Eliminates “80/20” Tip Credit Rule
