Under certain conditions, a purported subcontractor of a general contractor (or higher tier subcontractor) may be found to be a “labor broker” — a supplier of workers — rather than a true subcontractor.
Archives for 2020
General Contractors Can Face Increased Liability for Employment Actions of Their Subcontractors
While general or prime contractors have always faced the risk of liability for the actions or inactions of their subcontractors, an increase risk of state statutory liability for certain actions and inactions of subcontractors may be on the horizon.
Is Employer’s Unilateral Change Protected by Labor Law’s ‘Contract Coverage’ Standard?
Whether an employer’s unilateral change to employee procedures violates the National Labor Relations Act (NLRA) is determined by whether the change “falls within the compass or scope of contract language that grants the employer the right to act unilaterally,” the National Labor Relations Board (NLRB) has emphasized in a recent case.
What to Expect from OSHA Under the Biden Administration
President-Elect Joseph Biden has not named a nominee for Secretary of Labor yet, much less an Assistant Secretary of Labor for Occupational Safety and Health who would lead the Occupational Safety and Health Administration (OSHA). But individuals with a background in organized labor may be forerunners. He has promised to be “the most pro-union president you have ever seen” and that “unions are going to have increased power” in his administration.
PPP Changes in Wake of the Coronavirus Response and Relief Supplemental Appropriations Act
The Internet is ablaze with news of the recently passed Coronavirus Response and Relief Supplemental Appropriations Act (Supplemental Act), which is part of the Consolidated Appropriations Act of 2021. Read on for how the Paycheck Protection Plan (PPP) changes in light of the Supplemental Act, as well as details about additional funding that is now available.
Virtual Posters – New DOL Guidance on Federally-Mandated Notices in a Virtual Workplace
Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by federal employment laws.
What Employers Should Know About the New Stimulus Package
The post What Employers Should Know About the New Stimulus Package appeared first on Hirsch Roberts Weinstein LLP.
Surprise Medical Billing Protections Coming for Participants in 2022
Beginning in 2022, employer-sponsored health plans will be required to pay providers certain emergency and out-of-network charges that would have otherwise been balance billed to participants.
It’s a Roll of the Dice: The Fate of the CARES Act and FFCRA Under Congress’s New Stimulus Bill
As 2020 comes to an end and we seek to close the books on what can only be described as an unprecedented, exhausting year, many employers are wondering what happens to the COVID-19-related benefits provided through the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act and Families First Coronavirus Relief Act (“FFCRA”), some of which have either already expired or are due to sunset on December 31st.
Consolidated Appropriations Act, 2021: Unemployment Relief
The latest round of COVID-19 relief in the Consolidated Appropriations Act, 2021 will revive many aspects of unemployment relief rolled out in the CARES Act in March, although the Act reduces many of the original features.
Why Is ‘Scabby the Rat’ a Legal Dilemma?
The National Labor Relations Board (NLRB) had invited briefs on bannering and displays of “Scabby the Rat,” the giant roadside inflatable rat (or other gruesome creature) used in many labor disputes. At issue is the conflicting labor law principles distinguishing between lawful publicity of a dispute and unlawful coercive conduct.
City of Minneapolis Expands Wage Theft Protections to Independent Contractors Beginning 2021
Effective January 1, 2021, the City of Minneapolis Freelance Worker Protection Ordinance expands wage theft protections to independent contractors who perform services within the City of Minneapolis.
Consolidated Appropriations Act, 2021: Employer-Sponsored Health and Welfare Plan Components
The Consolidated Appropriations Act, 2021, generally provides the annual funding for the federal government and, in almost 5,600 pages, contains several important rules giving further COVID-19 relief, including the expansion of eligibility for Paycheck Protection Program (PPP) and the Employee Retention Tax Credit.
Sharing is Caring: DOL Expands Tip Pool and Dumps 80/20 Rule
Executive Summary: On Tuesday, December 22, 2020, the U.S. Department of Labor (DOL) announced its final rule regarding expansion of tip pool sharing and limitations on the 80/20 rule. This long-awaited final rule codifies three main points: employers are (1) permitted to include “back-of-the-house” employees who usually do not receive tips (such as cooks and dishwashers) as part of a tip pool, (2) prohibited from allowing management from keeping employees’ tips or participating in tip-pooling arrangements, and (3) permitted to take a tip credit regardless of the amount of non-tip generating work (such as cleaning tables or rolling silverware) a tipped employee performs as long as it is performed contemporaneously with his/her tipped duties, or within a reasonable time immediately before or after performing tipped duties.
UPDATE: President Trump Signs Stimulus Bill into Law – FFCRA Mandatory Leave Provisions End December 31, 2020 But Tax Credits Continue
UPDATE: President Trump signed this bill into law without changes on December 27, 2020.