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Showing 11 posts from 2018.

A Win for "Gig-Economy" Employers in California

In a win for California’s “gig economy employers,” a California District Court held earlier this week that Chicago-based GrubHub, Inc. properly classified a food delivery driver as an independent contractor, not an employee. Accordingly, the driver's labor law claims, which require an employer-employee relationship, were precluded. More ›

Hinshaw Employment Webinar Series: Employer-Assisted Student Loan Repayment Programs

The Hinshaw employment webinar series kicks off its next program on March 8, with a presentation by Vaishali Rao and Anthony Antognoli about the growing trend of employer-assisted student loan repayment programs. Vaishali and Anthony will offer a series of best practices and tips for success on this topic, including identifying risks, offering regulatory insight, examining tax treatments, and providing a checklist for planning and deploying a successful employer-assisted student loan repayment program.

For more information, and to register, visit: https://www.hinshawlaw.com/events-Employer-Assisted-Student-Loan-Repayment-Programs.html

Temporary Employees in Wisconsin Now Able to Bring Tort Suits for Work Injuries Despite Worker's Compensation Act's Exclusive Remedy Provision

In a game-changing decision, the Wisconsin Court of Appeals recently ruled that temporary employees who have not filed a compensation claim under Wisconsin’s Worker’s Compensation Act may sue their temporary employer in tort. In other words, they may choose to file a worker’s compensation claim or file a lawsuit seeking damages not available under the Act. The decision is likely to cause shock waves among employers who use temporary employees--until this decision, employers were previously immune from tort claims by all employees, temporary or permanent, under the Act’s exclusive remedy provision. More ›

2017 EEO-1 Reporting is Open and Due by March 31

Annual EEO-1 reports are due by March 31, 2018. Employers may begin submitting reports any time now that the necessary EEO-1 report website is open. This report will reflect employment data on race, ethnicity, sex, by job category from a payroll period in October, November, or December 2017. The EEO-1 report website contains helpful information including commission contact information, procedures and instructions, and a FAQ. More ›

Hinshaw E-alert on a New Employer Tax Credit for Paid FMLA

The Hinshaw employment team recently published an e-alert on a topic that should also be of interest to our blog readers. The alert describes a provision in the new tax law that provides a tax credit for employers who offer paid FMLA leave to eligible employees, along with a description of eligibility requirements. You can read the alert on the Hinshaw website.

The Unringing of the Bells, Part Two: The DOL

Over the last month, we have seen a number of significant restorations of status quo antes. These have come in the form of reverting to earlier precedent, regulations, or guidance. Without further ado, we present some of the more notable developments: More ›

CEO Does Not Get Whistle Blower Protections for His Opinions

In order to get whistleblower protection under the Sarbanes-Oxley Act of 2002, whistleblowers have to subjectively believe that fraud was occurring, their belief has to be reasonable, and they have to make a report to the Securities and Exchange Commission. The Seventh Circuit recently reaffirmed these conditions for legal protection in deciding that the former CEO of Orion Energy System, Inc. was not entitled to federal whistleblower protection in Verfuerth v. Orion Energy System, Inc., decided on January 11, 2018. More ›

A New Year, Another OSHA Update

OSHA had an active 2017. Now that we have rung in the new year, let's talk about how those changes are impacting employers in 2018. More ›

The NLRB Rings in the New Year by Unringing a Few Bells

Over the last month, we have seen a number of significant restorations of status quo antes. These have come in the form of reverting to earlier precedent, regulations, or guidance. Without further ado, we present some of the more notable developments: More ›

DOL Says Hello to Primary Beneficiary Intern Test, Goodbye to 6-Factor Test

Earlier this month, the U.S. Department of Labor announced it will now use the primary beneficiary test” to determine whether an intern must be paid.  Its announcement comes in the wake of the 9th Circuit’s adoption of the test, joining the 2nd, 6th, and 11th Circuits.  With the announcement, the DOL also updated Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act. These moves displace a 6-part test the DOL adopted in 2010 that required all factors weigh in favor of the employer. More ›

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