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Staffing and the Law

Staffing and the Law

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Nonprofits, Volunteers and Labor Relations

November 17, 2014
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By relying heavily on the lack of payment to show lack of control, the 6th Circuit drew a line that will be difficult for most bona fide volunteers to cross to demonstrate employment status.
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An Italian Club With Hot Peppers ... and a Noncompete?

October 15, 2014
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It’s one thing to bind your managers and other high-level employees to a noncompetition agreement. It’s another to require the same of your low-level sandwich makers and cash-register operators.
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EEOC Can File Lawsuits Without Claimants

October 1, 2014
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I question whether filing lawsuits without claimants is the best use of the EEOC’s limited resources.
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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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