Skip to main content

What I've Been Reading This Week


A couple good articles this week...my favorite being a warning to employers to not label workers as independent contractors rather than employees.  This is an issue I have seen start to come up more and more often lately.  As always, below are a few articles that caught my eye this week.


10 Ways Employers Can Offer Reasonable Accommodations to An Employee's Disability

Stephen Simpson has written one of the better articles that I have read in a while.  Disability laws require that an employer provide a reasonable accommodation to a disabled employee, if possible, and this article identifies ten different ways an employer can do just that.  The article also includes a case for each of the ten suggestions which make it more relate able and easy to follow.


Beware of Labeling Workers as 'Independent Contractors" Rather Than 'Employees'

Michael Haberman has a good article on the increased risks that have come up over the past few years for employers who label workers as 'independent contractors' rather than 'employees'.  As the article notes, this has become a big area of enforcement and one that employers should be wary of and pay close attention to.  Labeling a worker as an independent contractor rather than an employee can have big risks, should the government investigate and find the employer misidentified the worker.  Employers beware!


A Few Questions Employer Should Not Ask at Job Interviews

An article like this comes along often enough, but I always thinks it is a good idea for employers to review.  Daniel Schwartz has a few thoughts on questions employers should not ask during a job interview.  Some are common sense, but bonus points for the SNL clip at the end to really bring the point home.

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies i...
Post a Comment
Read more

What I've Been Reading This Week

Recently, Equal Employment Opportunity Commission Commissioner, Chai Feldblum, had her re-nomination on the brink, after Utah Republican Senator Mike Lee took steps to block it .  Readers might have heard that late last week, Commissioner Feldblum's re-nomination quietly slipped away and she tweeted out a thank you to supporters and friends, acknowledging that her time at the EEOC was over.  While there has not been much in the way of a further update in regard to that ongoing saga, we wait to see how things will play out at the EEOC, now that it has lost a quorum until additional Commissioners are confirmed by the Senate. For the time being, there are other developments for readers to review this week.  In particular, I call attention to the article on managing a wage & hour audit by the Department of Labor as well as steps an employer can take to better ensure compliance with the ADA. As always, below are a couple articles that caught my eye this week. ...
Post a Comment
Read more