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Top Five Labor Law Developments for January 2019

February 14, 2019 | Legal Update Article

The National Labor Relations Board (NLRB) reinstated its pre-2014 standard for determining whether an individual is an independent contractor or an employee. SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019). The NLRB determined that the employer’s shuttle van drivers were not employees, but independent contractors. Thus, they... Read More

By Philip B. Rosen

Labor and Preventive Practices

Labor Board Returns to Pre-2014 Test for Determining if Individual Is an Independent Contractor

February 15, 2019 | Legal Update Article

The National Labor Relations Board (NLRB) has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible employer and the alleged employee provided an “entrepreneurial opportunity” to the individual, overruling a 2014... Read More

By Philip B. Rosen

Labor and Preventive Practices

Rumors and Gossip in Workplace Can Create Employer Liability for Harassment, Fourth Circuit Holds

February 14, 2019 | Legal Update Article

Employers may be liable under Title VII of the Civil Rights Act for failing to effectively address and stop gossip and rumors of an alleged sexual relationship between a female employee and a male supervisor, the federal appeals court in Richmond has held. Parker v. Reema Consulting Servs., No. 18-1206 (4th Cir. Feb. 8, 2019). This is... Read More

By Stephanie E. Lewis

General Employment Litigation

California’s Reporting Time Pay Applies to Telephone Calls to Confirm Scheduled Shifts

February 11, 2019 | Legal Update Article

For more than 75 years, California’s Wage Order No. 7 has required employers to compensate employees with reporting time pay if employees are required to report for work and in fact show up, but are then provided less than an established minimum number of hours of work or are provided with no work at all. Instead of actually requiring... Read More

By Cary G. Palmer

Wage and Hour

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California’s Reporting Time Pay Applies to Telephone Calls to Confirm Scheduled Shifts

Top Five Labor Law Developments for January 2019

New California Law Requires Sexual Harassment Prevention Training for Supervisors and Non-Supervisors

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Jackson Lewis' Commitment to Diversity and Inclusion Spotlighted

January 31, 2019 | Michigan Lawyers Weekly

Marlo Johnson Roebuck discusses the firm's diverse roster of partners and associates, top-down mentality and on-going initiatives to promote diversity and inclusiveness in "Detroit firm bucking diversity stats," published by Michigan Lawyers Weekly. Subscription may be required to view article Read More

David Mohl Authors "Using Technology to Detect, Confront, and Prevent Leave Abuse"

January 16, 2019 | @Work Magazine

David Mohl authors "Using Technology to Detect, Confront, and Prevent Leave Abuse," published by @Work Magazine.  Subscription may be required to view article Read More

Clifford Atlas and Erik Winton Discuss What Noncompete Attorneys Should Watch for in 2019

January 14, 2019 | Law 360

Clifford Atlas and Erik Winton discuss anticipated developments that lawyers who handle restrictive covenants need to know about for 2019 in "What Noncompete Lawyers Ought To Be Watching In 2019," published by Law360. Subscription may be required to view article Read More