The traditional lines between contractors and employees are fading fast as outsourcing continues to gain popularity. The “gig” economy leads people to pursue freelance careers, working several jobs or maintaining a “side hustle.” Technological advancements allow more flexibility in where, when, and how jobs are completed, further blurring traditional distinctions between contractors and employees. Yet […]
Tag: employment relationship
On January 12, 2020, the federal Department of Labor (DOL) announced the release of a final rule clarifying issues surrounding joint employment, which is of particular interest to employers that use staffing agencies, have franchise relationships, and use subcontractors. The effective date of the new rule is March 16, 2020.
Sticks and stones may break some bones, but harassment can hurt forever.” So begins the appellate opinion of Judge O. Rogeriee Thompson in Franchina v. City of Providence. In elegant though shocking prose, the judge recounts the trial court’s disturbing findings regarding the harassing conduct the employee in this case was subjected to during her […]
Changes to the West Virginia Wage Payment and Collection Act mean employers have a new option for recovering the cost of items not returned by employees upon separation of employment.
Do you realize that every one of us has a psychological contract with our organization? The psychological contract is a concept that describes the understandings, beliefs, and commitments that exist between an employee and an employer. Although it is unwritten and intangible, it represents the mutual expectations that are felt between the two. The psychological […]
The Washington Supreme Court recently held that job applicants have a claim under the Washington Law Against Discrimination (WLAD) when a prospective employer refuses to hire them in retaliation for their opposition to discrimination by a different employer.
by Cindy Switzer In a recent decision – Peterson v. The Mutual Fire Insurance Company of BC, 2017 BCHRT 21 (CanLII) – the British Columbia Human Rights Tribunal considered whether a corporate director who was told he could not serve a second term on the company’s board because he was over 69 years old, ought […]
by Michael J. Spooner Businesses’ use of independent contractors is a growing trend in the American economy, and many observers believe the trend is here to stay. Independent contractors come in a variety of shapes and sizes. Well-known companies like Uber and Lyft rely almost exclusively on independent contractors, but there has been a significant […]
by Ralph N. Nero and Keri L. Bennett Many of our recent articles have focused on decisions involving employees’ breaches or threatened breaches of restrictive covenants. Including restrictive covenants, such as nonsolicitation and noncompetition covenants, into employment contracts is important for employers to protect their business interests. In order to be enforceable, however, such covenants […]
by Louise Béchamp As a Québec employer recently learned, an alleged breach in the relationship of trust between employer and employee must be supported by objective evidence and facts if it is to form cause for termination of employment. In Senécal vs. CEGEP du Vieux Montréal, 2012 QCCS 1995, the employer was ordered to pay […]