Quick Takes:

Joint Employer Status Found Merely Based on Indirect or Potential Control: In a case of wide-ranging import for any company using subcontractors or subsidiaries, the National Labor Relations Board has established a new standard for determining when two entities constitute a “joint employer.” Historically, both entities had to exercise actual “immediate and direct” control over […]

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A “Love Boat” Cruise, Even If Approved Or Endorsed By A Doctor, Is Not Protected By The FMLA

Plaintiff had sought and been granted intermittent FMLA leave for the migraine headaches from which she regularly suffered. The following year, plaintiff submitted a doctor’s note excusing her from work for a pre-booked two-week sea cruise aboard the Love Boat for an “FMLA vacation.”  When a family member innocently shared the news with plaintiff’s co-worker that […]

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Depressed Employee’s Multiple Death Threats Disqualify Him From Disability Law Protection

After 12 years on the job, plaintiff was diagnosed with major depression. With medication and treatment, however, he continued to work without significant incident for another 11 years.  At that time, plaintiff, along with a number of co-workers, complained to the employer’s human resources director that a particular supervisor was “bullying them and making work […]

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Law Firm Whose Employee Embezzled Funds May Be Liable To Second Employer From Which Employee Embezzled Again and Used The Money To Repay The First Employer

A law firm’s lead bookkeeper and business manager resigned and went to work in a similar position for another law firm.  A year later, her former employer discovered that she had embezzled more than $270,000 from the firm.  The firm contacted the employee (without notifying her new employer). She admitted the theft and executed a […]

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U.S. Department Of Labor Asserts That Most Workers Are Employees, Not Independent Contractors, Under “Economic Dependence” Test

The Wage and Hour Division of the United States Department of Labor (“DOL”) recently issued Administrator’s Interpretation No. 2015-1, reinforcing the department’s view that most workers are correctly classified as employees, rather than independent contractors. A copy of the Interpretation is available at http://www.dol.gov/whd/workers/Misclassification/AI-2015_1.htm.   The DOL refers in the Interpretation to the six traditional […]

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New Lawsuit Claims Employer Violates ERISA By Cutting Hours To Avoid Its Obligation To Offer Health Coverage Under The A.C.A.

The Affordable Care Act (“ACA”) requires large employers to offer affordable and minimum-value health coverage to their full-time employees (defined as employees who regularly work an average at least 30 hours per week). Plaintiffs seeking to represent a class of nearly 10,000 employees recently filed what appears to be a first-ever lawsuit in federal court […]

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NLRB Punishes Employer For Past Unlawful Handbook Policies Although Employer Worked With Regional Office To Repudiate Them

The National Labor Relations Board (“NLRB”) determined that an employer had interfered with its employees’ rights to engage in protected concerted activity because its social media and dress code policies were overbroad. The employer’s social media policy had prohibited employees from using the employer’s logos in any manner and required employees to identify themselves when […]

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New York City Enacts New Local Law Restricting Employers From Inquiring About Applicants’ Arrests Or Criminal Convictions

The New York City Council has passed and Mayor DeBlasio has signed a new employment law known as the “Fair Chance Act” (the “Act”). The Act is sometimes referred to as “ban the box” legislation because it prohibits a specific type of “check-the-box” question that is often found on employment applications.  The Act, which amends […]

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OSHA Issues New Guidelines For Providing Restroom Access To Transgender Employees

The Occupational Safety and Health Administration (“OSHA”) has just released “A Guide to Restroom Access for Transgender Workers.” The Guide, which is available for download at http://www.dol.gov/asp/policydevelopment/TransgenderBathroomAccessBestPractices.pdf, provides “model practices” for employers to follow when providing access to restrooms by transgender employees, chief among them:   Employees should be permitted to determine for themselves the […]

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