NorthCarolinaLaw

https://edelsteinpayne.com/employment-law US Dept. of Labor Issues Administrative Interpretation regarding Joint Employment Originally Posted by Sean Cecil Feb 02, 2016 (0 Comments) Joint employment   is the term used to describe employment situation where a worker could arguably have more than one employer. A common scenario when this is an issue is in the world of labor contractors, such as often used in farm labor. A labor contractor would be the "employer" of the worker and issue the paycheck, while the farmer or manufacturing company actually directs the work and supervises the worker. Responding to the issues relating to what it perceives as a steady increase in the use of these schemes using third-party management companies, independent contractors, staffing agencies, etc. the Wage and Hour Division of the Department of Labor has recently issued a new interpretation of the issue as the Fair Labor Standards Act and the Migrant and Seasonal Agricultural...

https://edelsteinpayne.com/employment-law Laid-off Workers Sue Disney, Claim They Were Illegally Replaced by Foreign Workers Originally Posted by Sean Cecil Jan 26, 2016 (0 Comments) Two separate lawsuits were filed against Disney this week by laid-off workers who claim that Disney colluded with two "global consulting" companies to replace them with foreign citizens through the H-1B visa program. The plaintiffs, who were forced to train their replacements, allege that the replacements violated a legal requirement that H-1B visas not issue unless the employer certifies that issuance will not adversely affect the working conditions of American workers. The lawsuits, according to the New York Times, "represent the first time Americans have gone to federal court to sue both outsourcing companies that imported immigrants and the American company that contracted with those businesses, claiming that they collaborated intentionally to supplant Americans with H-1B work...

www.edelsteinpayne.com 4th Circuit: "Management" Employees also Protected from Title VII Retaliation Originally Posted by Sean Cecil Aug 11, 2015  (0 Comments) Ruling that the so-called "manager rule" has no place in Title VII (Discrimination on the basis of Race, Sex, Color, National Origin, Religion) jurisprudence, the 4th Circuit reversed an order granting summary judgment to a company that fired an employee for assisting a worker with a sexual harassment complaint.  The plaintiff in  DeMasters v. Carilion Clinic  was a employee assistance program consultant who was contacted by an employee who revealed that his department manager had sexually harassed him for several months, including such outrageous workplace  conduct as masturbating in front of him, asking for oral sex, and asking the employee to display his genitals. After listening to the worker's complaint, DeMasters told him he was  victim of sexual harassment in vi...

www.edelsteinpayne.com Does My Boss Unlawfully Categorize Me as an "Independent Contractor?" Originally Posted by Sean Cecil Jul 22, 2015  (0 Comments) Employer mis-classification of workers as "independent contractors" is a scourge upon working people and the greater economy. Independent contractors do not enjoy workers' compensation or unemployment benefits, minimum wage protection, or overtime, and misclassification of employees as contractors provides an unfair competitive advantage against businesses who appropriately treat their workers as employees. The Fair Labor Standards Act (which provides for the federal minimum wage and mandates overtime for hours worked in excess of 40 in a week) defines as an employee someone who the employer "suffers or permits" to work. This is an expansively broad definition, and one that should lead to the conclusion that most American workers are employees. Unfortunately, the abuse of contractor mis...

www.edelsteinpayne.com Employee or Independent Contractor? Dept. of Labor Releases New Interpretation Originally Posted by Sean Cecil Jul 15, 2015  (0 Comments) The FLSA identifies as an employee a person the employer "suffers or permits" to work. This broad definition is applied through the "economic realities" test, which focuses on whether is in business for himself or is economically dependent on the employer.  Today the Obama administration's DOL Wage & Hour Division issued a new administrative interpretation, in an effort to curb abuses in the overuse of independent contractors. The administration cited the negative effects of misclassification, including deprivation of workplace protections such as minimum wage, overtime payment, unemployment insurance, and workers' compensation, as well as lower government revenues and an uneven playing field for employers who properly class workers as employees, as justifying administrative inte...

www.edelsteinpayne.com 2015 Federal Employment Law Update Published Originally Posted by Sean Cecil Jun 19, 2015  (0 Comments)  We just added firm partner   Vanessa Lucas '  2015 Employment Law Update manuscript from her presentation at the recent North Carolina Advocates for Justice CLE. It contains detailed review and analysis from U.S. Supreme Court and 4th Circuit rulings over the past year, and shorter summaries of rulings from other circuits.  Detailed Summary Below: On Target Disability Rights North Carolina Champions for Equality and Justice Volume 20 • Summer 2015 2015 Summer Law Interns Bring Commitment, Build Real Life Experience We are fortunate this summer to have four dynamic law school interns volunteering to help advance critical work in our target areas. While their backgrounds vary, our interns share a common interest in their commitment to disability rights and their eagerness to make an impact outside of the l...