Protecting Employers Since 1985
On January 15, 2019, the U.S. Supreme Court issued a decision in New Prime Inc. v. Oliveira, a case concerning the enforceability of arbitration agreements in the interstate trucking sector of our economy. The decision was unanimous (and very anxiously watched by the trucking community nationwide). INDEPENDENT CONTRACTOR OWNER-OPERATOR SOUGHT MINIMUM WAGE THROUGH A CLASS…
Read MoreClients are increasingly aware of the growing number of class action lawsuits across the United States. What should the worried company owner do? The logical response is to have independent contractors (or employees) sign a contract under which they agree to mandatory arbitration of all disputes, claims or causes of action arising out of or…
Read MoreEmployers put their companies and themselves at great legal risk (unnecessarily!) when they assume that their pregnant employees cannot do their job just because they are pregnant. Of course, pregnancy can affect or limit an employee’s ability to do her job in certain ways, but employers should be very careful that they do not make…
Read MoreI’m writing this article because of a crucial due date that a new client of mine missed (prior to becoming my client). This Illinois company was audited by the Illinois Department of Employment Security (IDES)-we were not their attorneys at that time. After auditing the Company, the IDES auditor reclassified the workers to employee status.…
Read MoreOver the years, I’ve had an increasing number of phone calls from company owners who have received in the mail a disturbing and unwelcome letter from an IRS SS-8 Unit, usually located in Holtsville, New York. The letter contains a cover letter and also an IRS Form SS-8 Questionnaire entitled “Determination of Worker Status for…
Read MoreIn September 2018, yet another lawsuit was filed against Uber, the ride-hailing company that has had several lawsuits filed against it, many about the classification issue of whether Uber drivers are employees or independent contractors. Uber has found some effective legal defenses in these lawsuits against it, so now a unique kind of lawsuit has…
Read MoreMany times clients/employers struggle over whether they should graciously offer the option of resigning to an employee whom they actually wish to fire. The client/employer reasons that the fired employee might prefer to tell “the world” that he himself has resigned from his job, rather than admitting that he was fired. But the client/employer sometimes…
Read MoreExotic dancers can be properly classified as either employees or independent contractors depending on how the working relationship is structured. But when the independent contractors believe they have been misclassified and should have really been employees, lawsuits may result. THRESHOLD LEGAL ISSUE: A Florida federal jury (under the U.S. District Court for the Southern District…
Read MoreThere is a lot of confusion among employers about what is legally required in Illinois regarding vacation pay for company employees. The following are some commonly asked questions: 1. Does an Illinois employer have a legal obligation to offer its employees paid vacation? Answer: No, unless there is in place a Company policy or individual…
Read MoreCreating a brave new world for taxi and limousine service companies, Uber and Lyft introduced their ride-hailing services approximately six years ago. Time has passed and now urban policy makers are shocked at how these very convenient and popular ride-hailing services have quickly changed transportation options in cities like New York City. To fix a…
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