You have attendance policies, right? I hope so. Most employers seem to have them–and you should. Your employees need to know what is expected of them. You are somewhat ham-stringed if you try to discipline an employee due to attendance issues when you don’t have a clear policy. Your first thought might be to make […]
An Employer Is Responsible for Employees’ Housing and Transportation? Whaaaat?
Are you responsible for your employees’ living conditions? Do you have to ensure that your employees have habitable sanitary housing? I know what some of you are thinking: There she goes again, that crazy brunette employer’s attorney with her off-the-wall questions. (C’mon, admit it you think I may really have flown off the deep end […]
The NLRB’s About-Face (Again) on Joint Employment
The NLRB handed down four decisions last week that should come as welcome news to employers after the last several years. We’ll look at one of them this week and the rest of them over the next week or two. For those of you who are new to employment law, the National Labor Relations Board’s […]
Is the DOL Now Going “Soft” on Joint Employers and Worker Classification?
In the past few years, under the Obama Administration we saw the definitions of “joint employment” and “employee” expand. In its Administrative Interpretation 2016-01 issued in January 2016, the DOL took the position that “[t]he concept of joint employment, like employment generally, should be defined expansively under the FLSA and MSPA.” It also differentiated between “horizontal” joint […]
Your Sub-Contractor Didn’t Pay Overtime to Its Employees–and Now They’re Suing You…
Let’s suppose that you own a Crackerjack Construction Contractors. You often augment your crew by sub-contracting with Sensational Subcontractors . The arrangement has worked very well for you. Your customers pay you, then you pay Sensational. You pay your employees, and Sensational pays its employees. Everyone is seems just great. Then one day, you find […]