Note: Article written referencing Connecticut Law; however, fundamentals around contractor definition applies in Texas as well.  When we analyze the question whether a worker is an employee or an independent contractor, we usually approach the issue from the point of...

FEBRUARY 7, 2014: AUSTIN, TX— NOW IS THE TIME FOR YOUR COMPANY TO ACT ON PERFORMANCE MANAGEMENT: Will your managers and employees be thinking “performance review” or “performance management”?  Your company may be poised to use the performance management process to...

If an employee calls his supervisor a “nasty motherf[**]ker” on Facebook, would the employee lose the protection that he would otherwise enjoy under the National Labor Relations Act (NLRA)?  Probably not, according to National Labor Relations Board (NRLB) decisions...

The National Labor Relations Board (NLRB) posting rule has been laid to rest.The NLRB had issued a rule in 2011 requiring most private sector employers to post a notice telling employees of their rights under the National Labor Relations Act (NLRA).The requirement was...

This morning the Department of Labor, Health and Human Services and the Treasury Department released additional Frequently Asked Questions relating to implementation of the Affordable Care Act. Among the topics discussed include administrative issues relating to out...

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get priority attention for 2014 as part of a...

2013 brought many changes to employee benefit plans, and several more are coming in 2014.What has recently changed or will change in the near future?Retirement Plans Required Individually Designed Plan Restatements: If you have an individually designed retirement plan...

Currently, there is no explicit federal protection for sexual orientation, gender identity, or expression* but that may change soon. On November 7, 2013, the Senate passed the Employment Non-Discrimination Act of 2013 (ENDA) (S. 815), which was first introduced by the...

DECEMBER 17, 2013--ON JANUARY 6, EQUAL PAY ACT POSTING REQUIREMENTS KICK IN FOR NEW JERSEY EMPLOYERS.  Implementing an amendment to the New Jersey Equal Pay Act, the New Jersey Department of Labor and Workforce Development (NJDOL) released the new mandatory gender...

There was an acceleration of activity oriented towards increasing minimum wages across the United States.  This activity has been fueled by a number of developments, including inflation in the cost of food and fuel.  Efforts targeted to the US Congress has been...

Employers of all varieties face lawsuits arising from claimed violations of employment laws.  Often such violations are inadvertent and entirely avoidable. Here is a list of ten ways a company or even a human resources department may violate the law without realizing...

Here is an overview of some of the most pressing and exciting employment law issues to watch in 2014, with an emphasis on issues that global companies in particular can expect to see.1. Implementation of Federal Health Care LawThe Affordable Care Act (ACA)’s “employer...

The holiday season is upon us again, and some companies consider closing their operations during all or part of a holiday week. Companies planning a shutdown during all or part of any holiday week should consider the effect of a shutdown on their wage payment...

If "refusal" to work on weekends is not related to a protected leave of absence, you would simply want to hold this individual accountable for any absence that occurs on a scheduled Saturday the same way you would any other scheduled shift.   It is recommended that...

It’s vital for your senior management team to stay abreast of changing labor laws that may affect your organization.  The beginning of the calendar year is a popular time for labor law changes that impact companies of all size.  To enable employers to stay informed of...

Are you ready for OSHA’s new Hazard Communication Standard? The United States is changing from having its own separate system to using the international United Nations’ standards for the labeling of chemicals and will now use the international Safety Data Sheet (SDS)...

New York is now collaborating with the federal government to go after employers that misclassify employees as independent contractors.The US Department of Labor's Wage and Hour Division (WHD) on November 18 entered into agreements with New York's attorney...

Many employers adopt policies that restrict employee internet conduct that could impact the company’s business.  While it is prudent to provide employees with clear rules in this area, employers must be wary of aggressive National Labor Relations Board activity in...