Joint-Employer Analysis After Browning-Ferris

•Download as PPTX, PDF•

0 likes•183 views

Johner Wilson

TO BE OR NOT TO BE:
Questions Raised By Browning-Ferris
Johner T. Wilson III, Partner
550 West Adams Street, Suite 300
Chicago, Illinois 60661
Johner.Wilson@lewisbrisbois.com

Key Topics
• Overview
• Employee vs. Contractor
• Joint Employer Analysis
• Practical Applications

Who is an Employee?
VS.
Independent Contractor Employee

Contractor
vs.
Employee
Analysis
CONTRACTOR EMPLOYEE
Control Minimal Significant
Investment Significant Minimal
Profit and Loss Significant Minimal
Permanence Temporary Extended
Skill Unique/distinct Basic
Skill Minimal Significant
Integral Part Ancillary Primary

You’re Really an Employer (Too)!
• On August 27, 2015, the NLRB
announced its decision in Browning-Ferris
Industries of California, Inc., greatly
expanding the definition of joint employer.
• The Result: 30 years of caselaw
interpreting who is a “joint-employer” –
GONE.

Changing of the Guard…
Right to Control
Terms and Conditions
Exercised Control
Integral Part/Core
Direct
Unilateral
Before Browning-Ferris But now…
Indirect
Narrow Broad/Inclusive
Share/Co-determine

How Does This Work?
Case Study:
Key Considerations
Management Structure
Hiring
Discipline/Termination
Wage and Benefits
Scheduling and Hours
Work Processes
Training and Safety

Practical Action Items
WRITTEN
AGREEMENTS CULTURE
DUE DILIGENCE ACCOUNTABILITY

Similar to Joint-Employer Analysis After Browning-Ferris

JTW Annual Meeting 2016 Presentation FINAL

Johner Wilson

Recent Developments Affecting the Transportation Industry

Johner Wilson

Absenteeism Management

This account is closed

Company Interference

Bob Kraves

Investigating allegations against employees - Liz Shread and Rachel Kirk - Ju...

Browne Jacobson LLP

W 2s vs-1099s

ascentismarketing

The Art Of Hiring Smart

effortlesshr

Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC presented three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce. This is the third event - Best Practices for Business - held on August 6, 2014 at the Frisco Chamber of Commerce, Frisco, Texas.

Avoiding Workplace Pitfalls - Domestic and Foreign Employee Compliance - Best...

Badmus & Associates

Constructive Dismissal

Community Legal Education Ontario (CLEO)

Hiring smartly and avoiding costly mistakes

Enercare Inc.

Employment Issues in Mergers and Acquisitions

Mark Stansbury

Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration. Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage. Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.

Unemployment Insurance Webinar

G&A Partners

Preventing employment claims: Dealing with the Three Amigos: Unfair Dismissal...

Tebony Justins

Company Policy: Elements of Administrative Investigation and Progressive Disc...

PoL Sangalang

Company Policy: Elements of Administrative Investigation and Progressive Disc...

PoL Sangalang

A number of Oregon’s laws regarding the workplace are currently in flux. Our new pay equity laws just hit the books, the legislature is currently discussing potential changes to paid family leave and other employer obligations. When even employment lawyers and HR professionals are struggling to understand the specifics of these new laws, how do you manage your responsibilities to your employees practically without letting them distract from day-to-day operations?

Keeping up with Oregon's changing workplace laws - 2019

Xenium HR

Business Law & Order - March 18, 2013

AnnArborSPARK

Mosser, K. (2013). Ethics and social responsibility (2nd ed.) [Electronic version]. Retrieved from https://content.ashford.edu/ CHAPTER 4 Introduction In various occupations, workers may be prohibited from exercising certain rights that, outside the workplace, cannot (or, perhaps, should not) be restricted. At the same time, it has been argued that some behaviors may be restricted by some employers, even when the worker is not at work, or their off-duty activity or conduct. This can lead to difficult conflicts between employer and employee, as well as among employees. Here we will look at some restrictions that may be imposed to investigate to which rights restrictions employees can and cannot object. We will begin this discussion by looking at a real-life incident involving employee activity outside of the workplace. In September 2012, a number of paramedics were placed on administrative leave by their employer for working for another company. The company, American Medical Response Incorporated (AMR) of Connecticut, provides emergency medical care (ambulances, paramedic services, etc.). The suspended paramedics were working for another company, Valley Emergency Medical Service (VEMS). AMR argued that suspension was appropriate because the other company was a competitor, both companies having bid on a service contract. The paramedics, in response, argued that being suspended was a violation of their rights, and began preliminary work toward a lawsuit under Connecticut’s Unfair Trade Practices Act. What can and cannot any company control about what their employees do when they are not actually at work? AMR argued that the paramedics were aware that they could not work for a competitor; the paramedics claimed that AMR could not legally prevent them from doing so outside of the work they did for AMR. 4.1 The Issue: Restricting Employees’ Rights as a Condition of Employment The case involving the AMR employees is one example of the kind of conflict that arises in the workplace. Those who are in positions of management and those who work for management often have very different views of what is justified, in terms of what one can do with one’s time off the job. As is so often the case in ethical disputes, few if any would accept the extremes here. For instance, probably no one would argue that salaried employees must do everything their bosses tell them; that would amount to something along the lines of one’s boss dictating that worker’s life. At the same time, just as few would argue that salaried employees can do whatever they wish, regardless of the effect on the company for which they work. It is in between these extremes that tensions arise, and where the rights of the employers must be weighed against the rights of the employees. At-Will Employment Workers are said to be at-will employees, meaning an employer does not need to show cause for terminating the worker in question, when they are not protected by union contracts, civil serv ...

Mosser, K. (2013). Ethics and social responsibility (2nd ed.) [Ele.docx

gilpinleeanna

Tax Issues in App Development

Roger Royse

Employee Life Cycle III: Termination Trepidation - Identifying and Avoiding t...

Parsons Behle & Latimer

Similar to Joint-Employer Analysis After Browning-Ferris (20)

JTW Annual Meeting 2016 Presentation FINAL

Recent Developments Affecting the Transportation Industry

Absenteeism Management

Company Interference

Investigating allegations against employees - Liz Shread and Rachel Kirk - Ju...

W 2s vs-1099s

The Art Of Hiring Smart

Avoiding Workplace Pitfalls - Domestic and Foreign Employee Compliance - Best...

Constructive Dismissal

Hiring smartly and avoiding costly mistakes

Employment Issues in Mergers and Acquisitions

Unemployment Insurance Webinar

Preventing employment claims: Dealing with the Three Amigos: Unfair Dismissal...

Company Policy: Elements of Administrative Investigation and Progressive Disc...

Keeping up with Oregon's changing workplace laws - 2019

Business Law & Order - March 18, 2013

Mosser, K. (2013). Ethics and social responsibility (2nd ed.) [Ele.docx

Tax Issues in App Development

Employee Life Cycle III: Termination Trepidation - Identifying and Avoiding t...

Joint-Employer Analysis After Browning-Ferris

1. TO BE OR NOT TO BE: Questions Raised By Browning-Ferris Johner T. Wilson III, Partner 550 West Adams Street, Suite 300 Chicago, Illinois 60661 Johner.Wilson@lewisbrisbois.com

2. Key Topics • Overview • Employee vs. Contractor • Joint Employer Analysis • Practical Applications

3. Employee vs. Contractor • Meet Lucy…

4. Who is an Employee? VS. Independent Contractor Employee

5. Contractor vs. Employee Analysis CONTRACTOR EMPLOYEE Control Minimal Significant Investment Significant Minimal Profit and Loss Significant Minimal Permanence Temporary Extended Skill Unique/distinct Basic Skill Minimal Significant Integral Part Ancillary Primary

6. You’re Really an Employer (Too)! • On August 27, 2015, the NLRB announced its decision in Browning-Ferris Industries of California, Inc., greatly expanding the definition of joint employer. • The Result: 30 years of caselaw interpreting who is a “joint-employer” – GONE.

7. Changing of the Guard… Right to Control Terms and Conditions Exercised Control Integral Part/Core Direct Unilateral Before Browning-Ferris But now… Indirect Narrow Broad/Inclusive Share/Co-determine

8. How Does This Work? Case Study: Key Considerations Management Structure Hiring Discipline/Termination Wage and Benefits Scheduling and Hours Work Processes Training and Safety

9. Practical Action Items WRITTEN AGREEMENTS CULTURE DUE DILIGENCE ACCOUNTABILITY

10. Don’t Become A…

Joint-Employer Analysis After Browning-Ferris

Recommended

Recommended

More Related Content

Similar to Joint-Employer Analysis After Browning-Ferris

Similar to Joint-Employer Analysis After Browning-Ferris (20)

Joint-Employer Analysis After Browning-Ferris