Weigh This Way: Baking Company Wins, Appeals Court Agrees that Distribution Route Drivers are Independent Contractors
Who Is My Employee?
by Todd Lebowitz
5h ago
About six months ago in Cambridge, Ontario, Sonny Ayres was born, the fifth child of parents Britteney and Chance. But Sonny was no ordinary baby. He weighed 14 1/2 pounds. (Yes, for the benefit of those moms reading this and looking aghast, he was delivered by c-section.) According to Guinness (the book, not the beer), the heaviest recorded birth was 22 pounds, in 1879 in Seville, Ohio. That baby lived just 11 hours. A different kind of weighing was at issue in a recent decision by the Third Circuit Court of Appeals, determining independent contractor status. The issue was whether three plai ..read more
Visit website
No Clash: Supreme Court Rules Cases Must Be Stayed When Sent to Arbitrtaion
Who Is My Employee?
by Todd Lebowitz
1w ago
Darling, you got to let me know Should I stay, or should I go? These lines open the 1981 hit single “Should I Stay or Should I Go” by the Clash. Slight correction, according to Genius lyrics, the opening lines of the song are “Oh! Hola!” which is kind of fun. Should I stay or should I go is the question the Supreme Court answered last week regarding arbitration cases. In January, we previewed this pending case. The case involves independent contractors who sued, alleging misclassification. The contractors had signed individual arbitration agreements, and the business successfully moved to com ..read more
Visit website
Can You See It? NLRB Fights to Restore New Joint Employer Rule
Who Is My Employee?
by Todd Lebowitz
2w ago
This past weekend, the solar storm was supposed to be strong enough that we could see the aurora borealis in Cleveland. At 11:30 Friday night, my family went to the Polo Fields in nearby South Chagrin Metropark to see for ourselves. Lots of others had the same idea, and the fields allowed us an unobstructed view of the sky, where we saw…. nothing really. We read that iPhones capture light better than our eyes, so we too photos of the blank sky. Turns out there’s some truth to that. I took the photo above, which makes it appear that I saw a nice light show. But I didn’t. I took a photo of what ..read more
Visit website
Think Big: Ninth Circuit Provides Another Reason to Engage Entities, Not Individuals, in Independent Contractor Agreements
Who Is My Employee?
by Todd Lebowitz
3w ago
The world’s largest passenger elevator is inside the Jio World Center building in Mumbai, India. It can hold 235 people and is designed to cater to large gatherings, such as weddings or convention attendees. The elevator has glass windows, offers panoramic views of the gardens below, and features a crystal-studded ceiling. It has two sofas so passengers can relax while ascending the maximum five floors at the slow but deliberate rate of 1 meter per second. Thinking big doesn’t just work when building elevators. It also works when building independent contractor agreements. Here’s what I mean ..read more
Visit website
Still Dead: Senate Votes to Void NLRB Joint Employer Rule
Who Is My Employee?
by Todd Lebowitz
1M ago
A Brazilian woman brought her Uncle Paolo to a bank branch so he could sign a loan document for her. Uncle Paolo was in a wheelchair and couldn’t seem to grip a pen, despite the woman’s best efforts to get him to cooperate. But Uncle Paolo had good reason not to grip the pen and sign. You see, Uncle Paolo was dead. The woman brought the deceased to the bank in a wheelchair, thinking that — well, I don’t know she was thinking. The bank called the police, and the woman was arrested. Uncle Paolo, reportedly, is still dead. The best part? There’s video. Also still dead is the NLRB’s recent joint ..read more
Visit website
Stumpy’s Demise: How Do Most Claims of Independent Contractor Misclassification Arise?
Who Is My Employee?
by Todd Lebowitz
2M ago
Last weekend, I didn’t post because I was in D.C., where I had my first tour of the cherry blossoms. One of the most beloved trees at the Tidal Basin is this poor shrub of a tree affectionately known as Stumpy. Stumpy looks dead, but every March he (he?) sprouts a cheery hat of blooming cherry blossoms. But this bloom will be Stumpy’s last. Because of repeated flooding around the Tidal Basin, the sea wall is being raised, which will require the chopping down of 150 trees. While Stumpy is in for a rude surprise after the bloom, companies using independent contractors can plan in advance to avo ..read more
Visit website
The Rats are High?! Illinois Judge Partially Strikes Down Temp Staffing Law, Granting Win to Staffing Firms and Their Clients
Who Is My Employee?
by Todd Lebowitz
2M ago
According to this NBC News story, the New Orleans police department headquarters is in such bad condition that not only are there rats everywhere, but the rats are eating the marijuana from the police evidence lockers. “They’re all high,” the police superintendent testified in a recent hearing. (Skip to 1:45 of the video. Showing great respect, she calls them “major rodents.”) Staffing firms and businesses in Illinois were saying “Rats!” when Illinois amended its temp staffing law in late 2023, but now they might be feeling a bit of a high. The 2023 amendment required staffing firms in Illino ..read more
Visit website
Court Vacates New NLRB Rule
Who Is My Employee?
by Todd Lebowitz
2M ago
No quips or musical references today. Just hard news, and here it is. If you do not already subscribe to BakerHostetler labor and employment alerts but would like to, drop me an email. https://www.bakerlaw.com/insights/court-vacates-new-nlrb-joint-employer-rule ..read more
Visit website
Don’t Horse Around: Here Are Three Agreements You Should Have on Your Shelf
Who Is My Employee?
by Todd Lebowitz
3M ago
Police in Wejherowo, Poland arrested a 19-year-old man for stealing a horse. The man was caught after neighbors reported that he was trying to lead a horse up the stairs to his third floor apartment. Why would someone do that? Apparently he was trying to conceal the horse and thought his apartment would make a good hiding place. (After all, who would look in a third-floor walk up for a missing horse?) But getting the horse to the apartment was the man’s undoing. He didn’t think through his plan. Don’t be like that man. Today’s post is to help you think through your plan in advance, but in the ..read more
Visit website
Hold On: Court Delays NLRB Rule, But More Detailed Ruling Will Follow
Who Is My Employee?
by Todd Lebowitz
3M ago
I could think of a few songs called “Hold On” – Yes and Wilson Philips were the two that first came to mind. But I had no idea how popular a song name that was. According to Wikipedia, there are at least 17 albums called Hold On and 311 songs with that name. Who knew? “Hold on” is the theme of today’s post because that’s what a federal court in Texas decided to do with the NLRB joint employer rule. Judge H. Campbell Barker pushed back the effective date of the rule from Feb. 26 to March 11. But that doesn’t mean the rule will go into effect March 11. In the meantime, the judge is considering ..read more
Visit website

Follow Who Is My Employee? on FeedSpot

Continue with Google
Continue with Apple
OR