By the time most of you read this, I will be headed to Seattle for the ABA’s 5th Annual Labor and Employment Law Conference. Attended this year by approximately 1,300 labor and employment attorneys from across the country, the ABA’s conference provides some of the most comprehensive coverage of current developments in U.S. labor
Proper Classification of Workers as Employees or Independent Contractors May Reduce Litigation Exposure
Employers have long been challenged by a variety of wage and hour litigation such as misclassification cases and off-the-clock overtime cases. One of the latest trends in wage and hour litigation is attacking a company’s classification of its workers as independent contractors instead of employees. Because independent contractors are not entitled to certain aspects of benefits provided…
2008 Term U.S. Supreme Court Wrap-up
The U.S. Supreme Court completed its 2008-09 term. On the docket were five cases of interest dealing with employment law. Here is a summary of the holdings in those cases.
- Crawford v. Metropolitan Gov’t of Nashville and Davidson County, Tenn., (2009) An employee’s participation in an employer’s internal harassment investigation by responding to the employer’s questions may constitute protected oppositional activity under Title
Will Weingarten Rights Return to the Private Workplace?
Weingarten rights are the rights a union member has to, upon request, have a union representative present during an employer’s investigatory interview that may lead to disciplinary action. For nearly thirty years Weingarten rights only applied to employees who worked at employers that had been organized by unions.
In July 2004 a primarily Democratically appointed National…