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In recent years, many states have passed laws attempting to regulate ride-hailing companies such as Uber (and other members of the “gig economy”). These new laws cover how to treat independent contractors with regard to insurance requirements, recordkeeping, inspections and background checks, etc. GIG ECONOMY: The term “gig economy” is new and confusing. Generally speaking,…
Read MoreThis article is being written as a cautionary tale for readers who are interested in how to have a good outcome in an Illinois Department of Employment Security (IDES) audit, especially where independent contractors (1099 workers) are at issue. I have been helping Illinois companies to defend against IDES audits for almost 30 years, and…
Read MoreOn March 3, 2017, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) issued a forceful decision strongly in favor of FedEx and its claims of independent contractor status for some of its drivers. The D.C. Circuit squarely disagreed with the National Labor Relations Board (NLRB), which had held that single-route Ground Division…
Read MoreOver the many years during which I have helped Illinois companies with their use of independent contractors, the most urgent call I get is from Illinois companies who have just found out they are going to be audited by the Illinois Department of Employment Security (IDES). Receiving a letter in the mail from the IDES…
Read MoreIn a February 9, 2017 Decision (Glenda Cable v. FCA US LLC, case number 16-2283), the United States Court of Appeals for the Seventh Circuit located in Chicago (“the Court”) found that Fiat Chrysler Automobiles (“Fiat”) was not liable for racial harassment. THERE WAS RACIAL HOSTILITY IN THE WORKPLACE: What makes this case particularly interesting…
Read MoreThere are many good reasons for which a company fires one of its employees. Some of these reasons are: Theft by the employee; The employee is not performing well; The employee is deliberately violating company rules and policies; and/or The employee is insubordinate. But, strangely, not all good reasons for firing an employee lead to…
Read MoreWith an increasing pace, the news is filled with lawsuits against companies who use independent contractors. This marked litigation trend spans the entire United States and shows no sign of letting up. Companies who use independent contractors need to carefully review their practices with their independent contractors and try to reduce their risk in using…
Read MoreOne of the most frequent questions that I get from our clients is “How can I fire an employee but not end up with a lawsuit against our company?“ As employers know, lawsuits against the company often cost the company significant amounts of time, energy, morale, and money. Also, they are a huge distraction. They…
Read MoreIn the United States under both state and federal laws, trucking companies generally cannot pay their employee drivers for only “bill of lading hours.” Companies/employers must pay their employee drivers from the time the drivers report for duty until they are released from duty for the day-not just for “bill of lading hours.” JURY VERDICT…
Read MoreRecently a client asked if she could fire an “at-will” employee who was working less than “90 days.” Within this question, I could see many employment law concerns colliding with each other and causing confusion. In this article, I will clarify these confusing issues with the hope that it will help many readers. 90 DAY…
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