Entries by ManagEase

NLRB Changes Independent Contractor Test Again

APPLIES TO All Employers Subject to the NLRA EFFECTIVE January 25, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 The National Labor Relations Board (NLRB) recently issued a board decision in SuperShuttle DFW, Inc., stating a return to the common law “entrepreneurial opportunity” analysis for independent contractors and rejecting the previous FedEx Home Delivery “economic realities” […]

D.C. Circuit: Browning-Ferris Joint-Employer Standard Upheld

APPLIES TO All Employers with DC Employees EFFECTIVE December 28, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 In Browning-Ferris Industries v. NLRB, the D.C. Circuit Court stated that the National Labor Relations Board’s (NLRB) standards of “right to control” and “indirect control” are appropriate factors to determine joint-employer status on a fact-based, case-by-case basis.

EEOC Abandons the Incentives Sections of their Final Wellness Regulations

APPLIES TO All Employers EFFECTIVE January 1, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 Effective January 1, 2019, the Equal Employment Opportunity Commission (EEOC) removed the incentives section of its final regulations on wellness programs under the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). The EEOC regulations previously addressed how […]

Ninth Circuit: FCRA Disclosure Notice to Employees Must Stand Alone

APPLIES TO All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees EFFECTIVE January 29, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 In Gilberg v. Cal. Check Cashing Stores, the Ninth Circuit stated that the Fair Credit Reporting Act (FCRA) prohibits including “extraneous” information with the required […]

Delaware: Federal Law Does Not Preempt Employee Protections under Delaware’s Medical Marijuana Law

APPLIES TO All Employers with DE Employees EFFECTIVE December 17, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 In Chance v. Kraft Heinz Foods Company, a Delaware Superior Court judge recently stated that the federal Controlled Substances Act (CSA) does not preempt employee protections under the state’s medical marijuana law (DMMA). Specifically, it relied on Connecticut […]

Illinois: Employers Are On the Hook for Any Illinois Biometric Information Privacy Act Violation

APPLIES TO All Employers with IL Employees EFFECTIVE January 25, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 In Rosenbach v. Six Flags Entertainment Corporation, the Illinois Supreme Court stated that any time a covered entity fails to comply with the Illinois Biometric Information Privacy Act (BIPA), even if there is no injury to the person, […]