Will Congress Kill the NLRB Joint Employer Rule? Will a Court?
Who Is My Employee?
by Todd Lebowitz
4d ago
Porcupine eating an apple.. pic.twitter.com/OESDW7LXuV — Buitengebieden (@buitengebieden) February 12, 2024 Before reading this post, please enjoy this adorable video of a porcupine eating an apple. The porcupine seems harmless and cute, but remember – it’s still a porcupine. Those quills are sharp, and they can impale small would-be predators. And speaking of impale: A Congressional resolution, if passed, would impale the NLRB’s joint employer rule. The effort has enough support that it could bear fruit. Like the tasty apple in this video. On January 12, the House passed H.J. Res 98, which ..read more
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Hold Me Now?: An Alternative Strategy for Joint Employment
Who Is My Employee?
by Todd Lebowitz
1w ago
The 1980s British band the Thompson Twins were not twins. They didn’t even look alike. Instead their name came from a comic strip called The Adventures of Tintin, which featured detectives named Thompson and Thompson, who were also not twins. I don’t know why the comic strip seemed like a good name for a band. I’ve always thought a good name for a band would be Cantaloupe. Not saying I’m right. My point is just that there’s a lot of room here for a difference of opinion on band names. The only reason I remember the Thompson Twins is that in 1983, they released a song called “Hold Me Now.” (I ..read more
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Why Kenny Loggins Is Sometimes Right (in His Joint Employment Advice)
Who Is My Employee?
by Todd Lebowitz
2w ago
1982 was a great year for music. Not only did it give us “867-5309 (Jenny)” by Tommy Tutone and “Tainted Love” by Soft Cell, but if you look a little harder, you’ll also notice that several releases that year contained important hidden messages about joint employment. On one hand, you had the opposers, like “I Can’t Go For That (No Can Do),” in which Hall & Oates were staying away from every action that could lead to a finding of joint employment. Wanna hear a little known fact I just made up? Here were the original opening lines from the song: Easy, ready, willing, overtime Where does it ..read more
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The Clash: Supreme Court to Decide About Arbitration in a Misclassification Case
Who Is My Employee?
by Todd Lebowitz
3w ago
The 1982 release by the Clash asked, “Should I Stay or Should I Go?” The song included backing vocals in Spanish, but since none of the band members spoke Spanish, they had tape operator, Eddie, call his mother, who was Ecuadorian. Eddies’ mom translated the backing vocals into what we hear on the recording (Yo me enfrio o lo soplo). The Supreme Court agreed last month to address the same question — should I stay or should I go? — but in a different context. The case involves independent contractors who sued, alleging misclassification, the contractors had signed individual arbitration agreem ..read more
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Face It: The New DOL Independent Contractor Rule Faces Court Challenges
Who Is My Employee?
by Todd Lebowitz
1M ago
“Faces” is a useful word. It can mean the front part of the head, as in this selfie featuring two hairy-faced beasts. The one on the left has a wet drippy beard after sloppily drinking water from a bowl. No, I meant on your left. It can mean the English rock band formed in 1969, which featured Rod Stewart and Ronnie Wood. Their 1971 album, A Nod Is As Good As a Wink… to a Blind Horse, reached #2 in the UK charts. Or it can be a verb, as in “DOL Independent Contractor Test Faces Court Challenges.” In today’s post, we’re going with verb. As expected, the independent contractor rule released by ..read more
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Don’t Read This Post (Read This Instead)
Who Is My Employee?
by Todd Lebowitz
1M ago
I didn’t post last week because I was waiting for the DOL’s new independent contractor rule to drop. And then it did. And I’m still focused on it. And businesses using independent contractors should be aware of it too. So today, leave this page and don’t read this post. Instead read this Client Alert, in which I break down the new DOL rule, its likely impact, and the practical implications for businesses. https://www.bakerlaw.com/insights/the-dols-new-independent-contractor-test-just-dropped-now-what/ See you all next week! Subscribe to Blog via Email Enter your email address to subscribe to ..read more
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How to Handle Background Checks for Staffing Agency Workers (and Avoid a Stinky Mess)
Who Is My Employee?
by Todd Lebowitz
2M ago
After a stolen SUV crashed in Wisconsin and its four occupants fled, one made the unfortunate decision to hide in a golf course port-a-potty. A golfer watched the events unfold and decided to take action, flipping the port-a-potty on its side, door facing down, to trap the car thief inside. (Oh, crap!) Police then arrived on the scene and arrested the now-stink-covered occupant. Today’s tip is to help you avoid a stinky situation when requiring vendors to background check their workers. When working with staffing agencies or other vendors supplying labor, you’ll often want to require backgrou ..read more
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The Best of You: When to Use a Master Services Agreement with Independent Contractors
Who Is My Employee?
by Todd Lebowitz
2M ago
In “Best of You” by Foo Fighters, Dave Grohl repeats the word “best” 40 times. In “Coconut,” Harry Nillson repeats the word “coconut” 28 times. I get it, Harry, she put the lime in the coconut and she got a bellyache. In “I Don’t Care Anymore,” Phil Collins ends the song with 18 mentions of “no more,” which all right I get your point. Repeating the same thing over and over might be a useful device when performing a song. But it’s annoying in independent contractor agreements. And it’s unnecessary. Consider using a Master Services Agreement (MSA) instead, which is a particular type of independ ..read more
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Beware of Falling Tortoises: Large Fines Are the Law for Willful Misclassification in California
Who Is My Employee?
by Todd Lebowitz
2M ago
Aeschylus (525-456 BC) was a Greek playwright and is often described as the father of tragedy. While only seven of his estimated 70+ plays have survived, the story of his death remains solidly entrenched atop the list of all-time oddest deaths (if it’s true). Apparently, Aeschylus died after being struck in the head by a tortoise dropped by an eagle which had mistaken his head for a rock suitable for shattering the shell. That qualifies as a surprise ending to an otherwise successful career. Today’s post is intended to help businesses in California avoid their own surprising deaths, sans tort ..read more
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New York State Jumps on the Band Wagon with New Freelancer Law
Who Is My Employee?
by Todd Lebowitz
3M ago
In the 1800s, P.T. Barnum used to promote the arrival of the circus with parades and clowns and band wagons through the town. By the late 1800s, politicians were noticing the excitement generated by the band wagons, and they would ride their own band wagons through town to generate support and excitement for the campaigns. Supporters would climb aboard, and the phrase “jump on the band wagon” was born. So it seems fair to say, even back then, politicians were imitating clowns. Over time, the phrase has come to mean rallying around any popular cause, clowns or no clowns. And with the new state ..read more
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