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Staffing and the Law

Staffing and the Law

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Is This the End of the Independent Contractor as We Know It?

September 8, 2014
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While this case does not necessarily spell the end of the independent contractor, it very well could be the beginning of trend of cases leading down this path.
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Legal Briefing: Contractors and Control

September 2, 2014
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Employers cannot avoid an employer-employee relationship with an individual simply by calling the individual an independent contractor. The right to control work details is controlling.
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NLRB Seeks to Supersize its Joint-Employer Standard

July 30, 2014
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This issue is years from a resolution, but nevertheless warrants notice, as it serves as further evidence of the aggressive pro-union position the current iteration of the NLRB is putting forth.
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Customer Preference and Race Discrimination: When the Customer Isn’t Right

July 24, 2014
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The customer can never choose the race of the person working for you. The customer might be right about a lot things, but discrimination is not one of them.
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Executive Order Bans LGBT Discrimination by the Federal Contractors and Government

July 22, 2014
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It’s incomprehensible and unjustifiable for an employer to discriminate on the basis of sexual orientation and gender identity.
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Hold the Onion(head): What Is a 'Religion' Under Title VII?

June 16, 2014
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According to the EEOC, one company required its employees to participate in a 'belief system' that the defendants’ family member created, called “Onionhead.”
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Equal Treatment in Workplace Misconduct Helps Avoid an Ugly Discrimination Claim

June 9, 2014
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Parties who are equally culpable in workplace misconduct should be treated equally. Disparate treatment is, well, disparate treatment, which is a Title VII no-no.
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What the F?! NLRB Allows Employee to Curse Out the Boss

June 5, 2014
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It's not that far from the NLRB letting the chickens run the workplace henhouse. How will employers be able to effectively manage then?
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NLRB Judge Clips Wings of Hooters' Workplace Policies

May 28, 2014
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No matter the situation, thorough investigations and maintaining a consistent story will save your bacon in many workplace lawsuits.
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Apparently, Noncompetes Don't Need to be Signed to be Enforced

May 22, 2014
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As these cases illustrate, when an employee acts egregiously courts are willing to overlook things like as whether a non-compete was conventionally, or even actually, signed.
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