NLRB’s “Joint Employer” Shift Creates Risk for Users of Contract Labor and Franchisors

Overturning more than 30 years of precedent, the NLRB recently set forth a new standard for a finding of “joint employment,” which could dramatically affect any business using contract/temporary labor or in a franchisor/franchisee relationship.  See Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015). 

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Exempt or Non-Exempt? What About Overtime?

One of the most common questions we get as employment attorneys is: “Is an employee in [insert job title] exempt or do I have to pay overtime?”  Alternatively, sometimes we get asked, “If I pay an employee a salary, doesn’t that make that employee exempt?”

As you have may have experienced firsthand, our initial (and understandably frustrating) answer is often: “It depends.

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EEOC Issues Revised Pregnancy Discrimination Guidance

On June 25, 2015, the Equal Employment Opportunity Commission (EEOC) issued amended Enforcement Guidance on Pregnancy Discrimination and Related Issue (Enforcement Guidance). The Enforcement Guidance is partly in response to the March 2015 U.S. Supreme Court decision in Young v. United Parcel Service, Inc., and supersedes the previous pregnancy discrimination guidance issued back in July of 2014.

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Strengthened Equal Pay Law Passed by New York Legislature

Although federal and New York State Law already prohibit gender-based pay discrimination, the New York State Assembly and Senate have passed a new bill (A06075, S00001) intended to “ensure that women receive the wages they were always entitled to.”  Governor Cuomo has indicated that he will sign the bill.

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Are You Prepared? New NLRB “Quickie” Union Election Rules Are Here

Welcome to the new world of labor relations.

On April 14, 2015, new union election rules from the National Labor Relations Board (NLRB) went into effect, signifying a dynamic shift in the way unionization efforts can play out in work places across the country.

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This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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