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Company proposes to solve growing independent contractor problem by creating formal certification

May 5th, 2016

By Pamela Wolf, J.D.
In our rapidly evolving economy, as federal agencies scramble to find ways of dealing with independent contractors in the context of worker antidiscrimination, health and safety, and labor laws, independent contractor engagement solutions provider MBO Partners has proposed modifications to how the federal government classifies and regulates independent workers. Its proposal would [Read more...]


Construction company can’t avoid pension withdrawal liability by acquiring nonunion business, resuming work

May 5th, 2016

By Dave Strausfeld, J.D.
A multiemployer pension plan was authorized to assess withdrawal liability against a construction company whose parent company soon purchased a nonunion construction company that performed the same type of work for which pension contributions had been made, ruled the Tenth Circuit on summary judgment. To hold otherwise would mean that a construction [Read more...]


Employees may pursue California claim that rest breaks denied because restrooms were remote

May 5th, 2016

By Ronald Miller, J.D.
Employees who asserted that several employers violated the California Labor Code with respect to the requirement that workers be provided with rest breaks may pursue their claims that the companies violated this provision by locating resting facilities in remote locations, ruled a federal district court in California. Contrary to the employers’ contention, [Read more...]


Employee claim that rounding policy deprived him of overtime pay falls short on appeal

May 4th, 2016

By Ronald Miller, J.D.
A call center employee’s attempt to revive his claim that his employer’s policy of rounding all employee time stamps to the nearest quarter hour deprived him of earned overtime pay failed on appeal. The Ninth Circuit found that the employee failed to demonstrate the existence of material fact as to his rounding [Read more...]


NLRB finds T-Mobile unlawfully required employees to ‘maintain a positive work environment’

May 4th, 2016

By Lisa Milam-Perez, J.D.
Several employee handbook provisions maintained by T-Mobile USA (and its sister company, MetroPCS) ran afoul of the NLRA, the NLRB held. Agreeing with an administrative law judge, the Board invalidated a rule that barred employees from arguing with coworkers, subordinates, or supervisors, and an acceptable use policy that restricted access to information [Read more...]