New Laws for 2020: SB 68 (Louisiana)

Louisiana has passed SB 68 which will clarify the definition of “employee” to specifically exclude independent contractors from being eligible for unemployment benefits. The law is set to take effect January 1, 2021.

I would refer readers to the statutory text of SB 68 for further information. Although with January 1st fast approaching, now is the time to focus on this legislation.

For a copy of SB 68: http://www.legis.la.gov/legis/ViewDocument.aspx?d=1191045

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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,...

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