The NLRB’s roller coaster ride that is its joint employer standard took another sharp turn Monday, when the Board unanimously agreed to vacate its recent employer-friendly joint employer decision and to restore the joint employer standard adopted in Browning-Ferris.Continue Reading NLRB Vacates Employer-Friendly Joint Employer Decision Over Conflict Of Interest Concerns
On February 8, 2018, in what is believed to be the first time a gig economy case has been fully decided on the merits, a California federal judge ruled in favored in favor of the company and held that the delivery driver was properly classified as an independent contractor.
The opinion of US Magistrate Judge Jacqueline Scott Corley states that “[a]fter considering all of the Borello factors as a whole in light of the trial record, the Court finds that Grubhub has satisfied its burden of showing that Mr. Lawson was properly classified as an independent contractor.”
In rejecting the driver’s claim that he was actually an employee entitled to minimum wage, overtime and other benefits associated with employee status, the Court awarded the gig economy a significant victory.Continue Reading Score One For The Gig Economy: California Federal Judge Upholds Independent Contractor Status Of Grubhub Delivery Driver
On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) sent 1,000 Corporate Scheduling Announcement Letters (CSALs) to federal contractors informing them that they may be audited for compliance with federal non-discrimination requirements/affirmative action plans.
Continue Reading Federal Contractors: Be Prepared For An Audit In 2018
Continue Reading EEOC FY 2017 Statistics Recap: Retaliation Claims Charge Ahead
Last week, the Securities and Exchange Commission (SEC) Office of Minority and Women Inclusion (OMWI) introduced its voluntary Diversity Assessment Report for Entities Regulated by the SEC. The Report is intended to help SEC-regulated entities conduct self-assessments of their diversity policies and practices, and provides these entities with a template for submitting information about their self-assessments to OMWI. Conducting self-assessments and providing the information to OMWI are voluntary.
The SEC’s Report is in line with the recent demands from US shareholders demanding transparency and accountability when it comes to gender pay and commitments to creating more inclusive and diverse workplaces. We expect diversity and inclusion to remain at the forefront of legal issues facing employers for years to come.Continue Reading SEC Invites Regulated Entities To Voluntarily Submit Self-Assessments Of Diversity Policies And Practices–Read This Before You Accept
On December 22, 2017, the Tax Cuts and Jobs Act was signed into law bringing significant changes to US tax law. One provision of the Act may further incentivize individuals to work as independent contractors instead of as traditional employees.
The new provision allows for independent contractors, and for service providers structured as a partnership or other flow-through entities, the potential to deduct up to 20% of their revenue from their taxable income. And while some companies might view the opportunity to re-classify individuals from employees to independent contractors as a “win–win” scenario, it could create substantial legal exposure for employers.Continue Reading New Tax Law Could Incentivize Employees To Become Independent Contractors – Employers Should Proceed With Caution
Michael Brewer has joined Baker McKenzie as a Partner in its North America Employment & Compensation Practice, bringing more than 17 years of experience in a range of employment litigation and counseling matters.
Based in San Francisco, Michael defends employers facing wage and hour class and collective actions, alleged harassment, discrimination, retaliation, wrongful termination and other employment-related claims. He has litigated more than 500 employment lawsuits to conclusion. Companies frequently call upon Michael to step into difficult cases even when handled by other firms. Michael has served as lead trial counsel on state and federal multi-district class actions as well as single-plaintiff cases throughout California. He has significant trial experience, and routinely counsels clients on the handling of termination and discipline decisions, workplace accommodation issues, litigation avoidance and all aspects of personnel management.
“Employment litigation and counseling is a key area of focus for many of our clients in California and throughout the US,” said George Avraam, Chair of the Firm’s North America Employment & Compensation Practice. “Michael’s extensive trial and appellate experience, covering a range of employment issues, will be a tremendous asset to our clients as they look for pragmatic, business-minded advice.”Continue Reading Highly Regarded Employment Litigator Michael Brewer Joins Baker McKenzie
Manufacturers and retailers that have long relied on a complex web of contractors and subcontractors to supply necessary parts and materials may face a new risk. A recent decision limiting the effectiveness of a no-strike clause in a collective bargaining agreement may create an additional risk to that supply chain, if not to the employer’s own uninterrupted operations.
Continue Reading Supply Chain Interruption Risk From Mid-Term Strikes
As we embark on a new year, take note of the minimum wage in each state and comply with any increases that begin in 2018.
Unless otherwise indicated, the following minimum wage increases are effective January 1, 2018:Continue Reading Act Fast To Comply With The 2018 Minimum Wage Updates
Continue Reading Top 10 New Year’s Resolutions For California-Based Multinational Employers
