Skip to main content

What I’ve Been Reading This Week

 

Every so often, I come across a rather unique resource on labor or employment law related matters whether it be a podcast, an opinion piece, or a flow chart that tackles a given topic.  This week, I came across a flow chart that takes readers through how to handle employee leave issues.  For those looking for a 30,000 foot view on the topic, this resource is well worth reviewing and keeping close by as related employee leave issues arise in the workplace.

As always, below are a couple articles that caught my eye this week.


Labor Department Expected to Issue Rule Related to Independent Contractor v. Employee Classification

Reuters has recently reported that the Labor Department is expected to publish a proposed rule shortly that would make it easier to classify workers as independent contractors rather than employees.  While the specifics of the proposed rule are not certain, it is expected the Labor Department would seek to scale back the multi factor test that is currently used in worker misclassification cases.  According to Reuters, the Labor Department should be publishing the proposed rule next week and is seeking to adopt a final rule by the end of 2020.  Stay tuned.


An Easy Reference For Leave Related Issues

What more can I say, this three page chart from the law firm of Kriha Boucek provides an easy to follow guide on how to handle a situation when an employee requests leave from work.  Whether an employee is requesting leave under the Family Medical Leave Act or because of the coronavirus, this resource provides a guide on how to handle the leave request and what (if anything) is required of the employee when the leave is requested.  Of course, sometimes a situation is not as cut and dry as using this three page chart.  However, it should provide employers and employees alike an easy to use resource on the matter.

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

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations
Post a Comment
Read more

NLRB: Former Employee Cannot Be Barred From Work Premises After Filing Wage Suit

MEI-GSR Holdings, LLC - NLRB Facts :  MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort & Casino ("GSR") operated a facility that included a hotel, casino, restaurant, clubs, bars, and a pool which were all open to the general public.  Tiffany Sargent ("Sargent") was briefly employed by GSR as a "beverage supervisor" in December of 2012.  After her employment ended, Sargent continued to socialize at one of the clubs.  GSR had a long standing practice of allowing former employees to patronize its facility and did not prohibit Sargent from doing so.  In June of 2013, Sargent and another employee filed a class and collective action against GSR for alleged unpaid wages, in violation of the Fair Labor Standards Act and Nevada law.  In July of 2014, GSR denied Sargent access to an event at one of the clubs.  GSR followed up with a letter and stated that with the on-going litigation (from the wage suit), it decided to bar Sargent from the premises. ...
1 comment
Read more