This document summarizes changes to the legal standard for determining joint employer status resulting from a recent NLRB decision, and provides guidance to contractors on complying with the new standard. The new standard expands the factors considered and eliminates the requirement that a business directly control workers to be deemed a joint employer. The document discusses indirect and direct forms of control and advises contractors on revising contracts and supervisor practices to limit joint employer risks.
This document summarizes changes to the standard for determining joint employer status under labor law. It discusses a recent NLRB decision that expanded the standard from requiring direct control over workers to including indirect or contractual control. It provides details on the old and new standards, factors considered in the Browning-Ferris decision that changed the standard, and implications for contractor-subcontractor relationships and employee leasing arrangements. It also reviews steps the company discussed has taken to limit its control over subcontractors' employees in response to the changed standard.
This document provides instructions for conducting various types of specialty property inspections. It discusses insurance loss inspections, which verify insurance claim repairs, and notes examples like hail damage, fire damage, and water damage. It also covers rush orders that must be completed within 24-48 hours, sale date inspections that require contact on a specific date, trial date inspections where the inspector must testify in court, and handling situations where the property address is incorrect. The document provides guidance on completing various inspection report forms and obtaining signatures. It emphasizes setting appointments as soon as possible and properly documenting inspection attempts and findings.
The document discusses various aspects of subcontract administration in construction projects, including:
1) The relationship between the general contractor, owner, and subcontractors, and common issues that can arise such as payment delays and disputes.
2) Key considerations for general contractors in selecting and managing subcontractors, including checking qualifications, financial resources, experience, and drafting appropriate contract terms.
3) Sample contract clauses related to scope of work, changes, delays, defaults, bonding, disputes, and other key terms to address risks and obligations for both parties.
What is Control in Contracting and Subcontracting?JDP Consulting
The one who controls is the employer. DOLE D.O. 174-17 clearly emphasizes that a contractor who does not actively control the performance of the assigned personnel will be considered to be engaged in labor-only contracting. In such a case, the Principal shall be deemed the employer. Accordingly, the Principal may be held liable for monetary claims, and even illegal dismissal.
Back to the Future: Emerging Employment Law Trendswychepa
The document summarizes emerging employment law trends. It discusses that the National Labor Relations Board is expanding protections for private sector employees' rights to discuss workplace issues. It also discusses that the Department of Labor is updating overtime exemption rules to increase the minimum salary threshold and restrict improper classifications of employees as exempt. Additionally, the document discusses evolving standards around joint employer liability and independent contractor classifications that are making it harder to avoid employment relationships.
Fair Pay and Safe Workplaces Executive Order - The New Rules (What You Need t...America's Job Exchange
America's Job Exchange (AJE) November webinar "Fair Pay & Safe Workplaces Executive Order: The New Rules – What You Need to Know" with Laura Mitchell, Shareholder, Affirmative Action & OFCCP Practice Group from Jackson Lewis P.C., The U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory (FAR) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama's "Fair Pay and Safe Workplaces" Executive Order (E.O. 13673), also referred to as "Blacklisting" or the "Bad Actors" Executive Order. This rule will present significant challenges and have tremendous impact on the federal contractor community.
A Modern Look at Contractors v. EmployeesDiana Maier
Whether you’re a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Subcontracts_Me-A Fed Govt Contractor or Subcontractor_MN PTAC_06-09-2016_CBa...Chuck Barry
- The document summarizes key issues related to determining if a company is a federal subcontractor and the flow-down of requirements from prime contracts to subcontracts. It discusses common reasons companies claim they are not federal subcontractors and are exempt from compliance obligations. It also outlines mandatory flow-down clauses, including the 14 clauses that must flow down to subcontracts for commercial items. Finally, it warns of potential "subcontractor traps" and discusses new SBA rules on limitations of subcontracting.
This document summarizes changes to the standard for determining joint employer status under labor law. It discusses a recent NLRB decision that expanded the standard from requiring direct control over workers to including indirect or contractual control. It provides details on the old and new standards, factors considered in the Browning-Ferris decision that changed the standard, and implications for contractor-subcontractor relationships and employee leasing arrangements. It also reviews steps the company discussed has taken to limit its control over subcontractors' employees in response to the changed standard.
This document provides instructions for conducting various types of specialty property inspections. It discusses insurance loss inspections, which verify insurance claim repairs, and notes examples like hail damage, fire damage, and water damage. It also covers rush orders that must be completed within 24-48 hours, sale date inspections that require contact on a specific date, trial date inspections where the inspector must testify in court, and handling situations where the property address is incorrect. The document provides guidance on completing various inspection report forms and obtaining signatures. It emphasizes setting appointments as soon as possible and properly documenting inspection attempts and findings.
The document discusses various aspects of subcontract administration in construction projects, including:
1) The relationship between the general contractor, owner, and subcontractors, and common issues that can arise such as payment delays and disputes.
2) Key considerations for general contractors in selecting and managing subcontractors, including checking qualifications, financial resources, experience, and drafting appropriate contract terms.
3) Sample contract clauses related to scope of work, changes, delays, defaults, bonding, disputes, and other key terms to address risks and obligations for both parties.
What is Control in Contracting and Subcontracting?JDP Consulting
The one who controls is the employer. DOLE D.O. 174-17 clearly emphasizes that a contractor who does not actively control the performance of the assigned personnel will be considered to be engaged in labor-only contracting. In such a case, the Principal shall be deemed the employer. Accordingly, the Principal may be held liable for monetary claims, and even illegal dismissal.
Back to the Future: Emerging Employment Law Trendswychepa
The document summarizes emerging employment law trends. It discusses that the National Labor Relations Board is expanding protections for private sector employees' rights to discuss workplace issues. It also discusses that the Department of Labor is updating overtime exemption rules to increase the minimum salary threshold and restrict improper classifications of employees as exempt. Additionally, the document discusses evolving standards around joint employer liability and independent contractor classifications that are making it harder to avoid employment relationships.
Fair Pay and Safe Workplaces Executive Order - The New Rules (What You Need t...America's Job Exchange
America's Job Exchange (AJE) November webinar "Fair Pay & Safe Workplaces Executive Order: The New Rules – What You Need to Know" with Laura Mitchell, Shareholder, Affirmative Action & OFCCP Practice Group from Jackson Lewis P.C., The U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory (FAR) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama's "Fair Pay and Safe Workplaces" Executive Order (E.O. 13673), also referred to as "Blacklisting" or the "Bad Actors" Executive Order. This rule will present significant challenges and have tremendous impact on the federal contractor community.
A Modern Look at Contractors v. EmployeesDiana Maier
Whether you’re a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Subcontracts_Me-A Fed Govt Contractor or Subcontractor_MN PTAC_06-09-2016_CBa...Chuck Barry
- The document summarizes key issues related to determining if a company is a federal subcontractor and the flow-down of requirements from prime contracts to subcontracts. It discusses common reasons companies claim they are not federal subcontractors and are exempt from compliance obligations. It also outlines mandatory flow-down clauses, including the 14 clauses that must flow down to subcontracts for commercial items. Finally, it warns of potential "subcontractor traps" and discusses new SBA rules on limitations of subcontracting.
Employment Law Issues for the Gig EconomyRoger Royse
Discussion on misclassification of employment, managing risks of employment, strategies for avoiding misclassification, and changes in the legal landscape with regards to employment.
Emploment law issues for the gig economyRoger Royse
Discussion on misclassification of employment, managing risks of employment, strategies for avoiding misclassification, and changes in the legal landscape with regards to employment
This presentation covers the issue of the transfer of undertakings protection of employment (TUPE)and how this impacts outsourcing transfers and contracts.
Overholt Law - Spring 2016 Breakfast Seminar PresentationOverholt Law
This document summarizes an event hosted by Overholt Law, a boutique labour and employment law firm in Vancouver, BC. It provides an overview of the firm's areas of practice and lawyers. It also summarizes several presentations on topics related to human resources and employment law:
1. Preston Parsons discussed written employment contracts, including potential issues with introducing new contracts for existing employees, paying commissions and bonuses upon termination, and employees' obligation to provide notice when resigning.
2. Jennifer Kwok provided an overview of best practices for conducting workplace investigations, including establishing policies, managing the complaint process, and properly investigating complaints.
3. Carman Overholt discussed current legal issues and trends in
Georgia law requires employers with three or more employees to obtain workers' compensation insurance or be self-insured. Covered employers must maintain a list of physicians for injured employees and post a notice of employees' rights. All employees are covered except for certain exempted categories like domestic servants. The Georgia State Board of Workers' Compensation administers the law and handles disputes. Employers may purchase insurance, self-insure if qualified, or join a self-insured group. The law covers workplace injuries, deaths, and occupational diseases but excludes some non-work related conditions.
In 2010 Sue Bottrell, after watching a Principal Contractor be found guilty for failing to manage the safety of expert contractors, wrote an article looking at the legal issues surrounding management of contractor safety, and the legal obligations imposed on employers under the health and safety legislation.
In that article, she challenged the obligations which were being placed on Principal contractors to take control over contractors safety arrangements requiring them to go to significant lengths to approve, monitor and supervise those arrangements.
The position proposed in that article pre-empted the land mark decision of the High Court in 2012 in Baiada Poultry v the Queen. That case set the scene to significantly change procedures adopted by employers and contractors when managing contractor safety, which should have reduced the associated administrative burden.
Sadly, the far-reaching implications of that decision have been poorly understood and largely ignored by the safety profession to the detriment of employers and contractors. Employers continue to implement complex and unnecessary contractor management systems which not only place a significant administrative burden on employers and contractors but which arguably increases the liability of employers in the event of an incident involving contractors they engage.
However, since the Baiada decision, State courts have increasingly adopted the principles laid down by the High Court and developed them further. This has clarified the duties owed to independent contractors and the actions required of Principal Contractors to meet their obligations. It has also clarified and significantly restricted liability owed to contractors under OHS, workers compensation and negligence law.
This presentation will summarise the case law up to and since the Baiada decision and provide practical guidance to safety practitioners on how to ensure they are providing the right advice to their employers and clients. It will challenge the status quo and will generate discussion and debate amongst participants.
Participants will gain an important understanding of the issues faced by principal contractors in confirming contractors safety arrangements whilst maintaining separation of responsibility between the parties to a contract. Practical advice will also be provided on how to demonstrate due diligence and limit liability, while acknowledging when it may be desirable to take greater control over contractor’s safety arrangements.
The first of its kind, this seminar is held to provide participants with information and knowledge regarding a constructive dismissal where employee resigns as a result of the employer creating a hostile work environment.
HR Webinar: Employee vs. Contractor: Changes That Will Impact All EmployersAscentis
Although the pandemic-related recession had a brief downward impact on gig workers overall, the trend is clear: being your own boss is a concept gaining popularity at an impressive rate. The overall number of Americans classifying themselves as freelancers rose from 53 million to 59 million from 2014 to 2020. And even the core classification of self-employed individuals (incorporated or not) has risen by 17 percent in just one year – from 8.221 million in April, 2020, to 9.651 million in April, 2021, according to the Bureau of Labor Statistics.
The rapid growth in the ranks of independent contractors has naturally spurred greater interest in the regulations surrounding worker classification – both in terms of the loss of benefits and protections for those leaving traditional employment, and the potential for abuse of the worker classification process by employers.
During the last year, the states have been brewing up their own changes in employment classification laws, led by California’s AB 5, which was passed, then repealed and replaced with AB 2257. At the federal level, with the transition to single-party control in the House, Senate (barely) and Presidency, the Protecting the Right to Organize (“PRO”) Act (H.R. 842) is making its way through Congress, and may even find a home inside the massive infrastructure bill now being debated on Capitol Hill. The PRO Act, as currently written, would include the most comprehensive amendment to the terms “employee,” “employer,” and “supervisor,” since the Fair Labor Standards Act of 1938 became law.
So how will all of these convergent changes settle out? And most importantly, how can employers plan for the expected changes on this contentious topic?
The New Definition of Joint Employer: Why It's a Threat to Compliance for 780...Snag
More than 780,000 franchise businesses and contractors now have an even bigger reason to be worried about compliance. In August, the National Labor Relations Board issued a decision that overturns a 30-year-old definition of the “joint employer” standard. So what does that mean for more than 10% of the country’s businesses? A lot.
Check out PeopleMatter's ‘Joint Employer Compliance’ webinar presentation, featuring the nation’s leading labor and employment law firm, Ogletree Deakins, to:
– Understand the reasoning behind the NLRB’s decision and what it means for employers
– Uncover how the ruling changes the landscape for unions and collective bargaining … and who’s responsible for labor violations
– Find out why 82% of franchisors think the decision will cause a “significant” impact to their business
– Get new strategies and best practices for employers to remain compliant with the new “joint employer” standard
The document discusses customers' rights when contracting for AV services at venues. It outlines that while venues have safety-related policies, some also have policies aimed at coercing customers into using in-house AV companies for monetary gain. The document advises customers to carefully review contracts for clauses limiting outside vendor use or charging fees for such use, as customers have the right to choose vendors based on performance and pricing. It provides guidance on common contract areas like building access, rigging, storage, and security to look out for during negotiations.
The document provides tips for hiring licensed contractors when repairing or rebuilding a home after a natural disaster like flooding in Tennessee. It advises homeowners to verify the contractor's license status and check for complaints. A license is required for projects over $3,000 or $25,000 depending on the county. The document outlines how to search for a contractor's license classification and monetary limit to ensure they are allowed to perform the needed work. Homeowners should get multiple bids and estimates, a written contract, proof of insurance, and never pay fully up front before inspections.
This document outlines rules implementing Articles 106-109 of the Labor Code regarding labor-only contracting. Some key points include:
- It defines labor-only contracting and removes the requirement for a stipulated contract term.
- It increases the substantial capital requirement for legitimate contractors to 5 million pesos and raises registration fees to 1 million pesos.
- It entitles contractor employees to separation benefits if not reemployed within 3 months of contract expiration.
- It sets the validity of contractor registration to 2 years and requires semi-annual reporting to avoid cancellation.
This document summarizes an automated compliance management platform called Simpliance. It allows companies to track and manage all statutory compliance requirements in one centralized system. Key features include consolidating all relevant acts, scheduling recurring compliance tasks, storing evidence and documentation, customizable checklists, roles-based access, and real-time updates when laws change. It aims to reduce compliance costs by up to 70% while ensuring all requirements are properly executed and auditable. Specific modules help with labor law compliance and tracking sexual harassment inquiries.
This document discusses rules and regulations related to outsourcing. It outlines key factors in determining the employer-employee relationship for contract labor. The main points are that contract labor are employees of the contractor, not the principal employer, unless the principal exercises direct control and supervision. There must be a clear agreement between the principal employer and contractor regarding wages and benefits for contract laborers. The law does not prohibit outsourcing for any sector but certain labor acts and regulations apply for contract laborers performing similar work as regular employees.
New Overtime Rules: The Official Changes to the FLSA White-Collar ExemptionsNet at Work
Join Constangy attorney Jonathan Martin as he addresses the U.S. Department of Labor's Final Rule on white-collar overtime exemptions, which has an effective date of December 1, 2016, as well as practical advice concerning other wage and hour conundrums.
This document summarizes 10 common mistakes made by government contractors in administering contracts. It discusses mistakes like failing to read the entire contract before beginning work, taking direction from unauthorized officials, and not complying with quality control requirements in the contract. The document provides examples and explanations for each mistake to help contractors avoid these issues in the future.
In this section of "Rise of the Machines: Avoiding the Legal Pitfalls of App Development" Roger Royse, founder of the Royse Law Firm, discusses:
1. Misclassification: Independent Contractor vs. Employee
2. Managing Risk: What Are the Direct & Indirect Costs
3. Strategies for Avoiding Misclassification
4. Reporting
10 07-14 hosting con europe 2014 presentation unannotatedwdsnead
The document discusses creating effective global contracts for internet businesses. It provides tips for drafting clear and compliant contract language while protecting the business. Key points include conducting a thorough review of contracts, ensuring data protection and security compliance as a competitive advantage, starting from the customer's perspective, and addressing issues like indemnification, warranties and service level agreements in plain language terms. The presenters provide expertise in international legal advice and European data protection law.
Maurice Blackburn provided union lawyers and industrial officers with the opportunity to gather CPD points with content that was relative to their industries. Presenters include Barristers Bob Reed and Cate Hartigan, and Maurice Blackburn Employment and Industrial Section Principal Giri Sivaraman.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Employment Law Issues for the Gig EconomyRoger Royse
Discussion on misclassification of employment, managing risks of employment, strategies for avoiding misclassification, and changes in the legal landscape with regards to employment.
Emploment law issues for the gig economyRoger Royse
Discussion on misclassification of employment, managing risks of employment, strategies for avoiding misclassification, and changes in the legal landscape with regards to employment
This presentation covers the issue of the transfer of undertakings protection of employment (TUPE)and how this impacts outsourcing transfers and contracts.
Overholt Law - Spring 2016 Breakfast Seminar PresentationOverholt Law
This document summarizes an event hosted by Overholt Law, a boutique labour and employment law firm in Vancouver, BC. It provides an overview of the firm's areas of practice and lawyers. It also summarizes several presentations on topics related to human resources and employment law:
1. Preston Parsons discussed written employment contracts, including potential issues with introducing new contracts for existing employees, paying commissions and bonuses upon termination, and employees' obligation to provide notice when resigning.
2. Jennifer Kwok provided an overview of best practices for conducting workplace investigations, including establishing policies, managing the complaint process, and properly investigating complaints.
3. Carman Overholt discussed current legal issues and trends in
Georgia law requires employers with three or more employees to obtain workers' compensation insurance or be self-insured. Covered employers must maintain a list of physicians for injured employees and post a notice of employees' rights. All employees are covered except for certain exempted categories like domestic servants. The Georgia State Board of Workers' Compensation administers the law and handles disputes. Employers may purchase insurance, self-insure if qualified, or join a self-insured group. The law covers workplace injuries, deaths, and occupational diseases but excludes some non-work related conditions.
In 2010 Sue Bottrell, after watching a Principal Contractor be found guilty for failing to manage the safety of expert contractors, wrote an article looking at the legal issues surrounding management of contractor safety, and the legal obligations imposed on employers under the health and safety legislation.
In that article, she challenged the obligations which were being placed on Principal contractors to take control over contractors safety arrangements requiring them to go to significant lengths to approve, monitor and supervise those arrangements.
The position proposed in that article pre-empted the land mark decision of the High Court in 2012 in Baiada Poultry v the Queen. That case set the scene to significantly change procedures adopted by employers and contractors when managing contractor safety, which should have reduced the associated administrative burden.
Sadly, the far-reaching implications of that decision have been poorly understood and largely ignored by the safety profession to the detriment of employers and contractors. Employers continue to implement complex and unnecessary contractor management systems which not only place a significant administrative burden on employers and contractors but which arguably increases the liability of employers in the event of an incident involving contractors they engage.
However, since the Baiada decision, State courts have increasingly adopted the principles laid down by the High Court and developed them further. This has clarified the duties owed to independent contractors and the actions required of Principal Contractors to meet their obligations. It has also clarified and significantly restricted liability owed to contractors under OHS, workers compensation and negligence law.
This presentation will summarise the case law up to and since the Baiada decision and provide practical guidance to safety practitioners on how to ensure they are providing the right advice to their employers and clients. It will challenge the status quo and will generate discussion and debate amongst participants.
Participants will gain an important understanding of the issues faced by principal contractors in confirming contractors safety arrangements whilst maintaining separation of responsibility between the parties to a contract. Practical advice will also be provided on how to demonstrate due diligence and limit liability, while acknowledging when it may be desirable to take greater control over contractor’s safety arrangements.
The first of its kind, this seminar is held to provide participants with information and knowledge regarding a constructive dismissal where employee resigns as a result of the employer creating a hostile work environment.
HR Webinar: Employee vs. Contractor: Changes That Will Impact All EmployersAscentis
Although the pandemic-related recession had a brief downward impact on gig workers overall, the trend is clear: being your own boss is a concept gaining popularity at an impressive rate. The overall number of Americans classifying themselves as freelancers rose from 53 million to 59 million from 2014 to 2020. And even the core classification of self-employed individuals (incorporated or not) has risen by 17 percent in just one year – from 8.221 million in April, 2020, to 9.651 million in April, 2021, according to the Bureau of Labor Statistics.
The rapid growth in the ranks of independent contractors has naturally spurred greater interest in the regulations surrounding worker classification – both in terms of the loss of benefits and protections for those leaving traditional employment, and the potential for abuse of the worker classification process by employers.
During the last year, the states have been brewing up their own changes in employment classification laws, led by California’s AB 5, which was passed, then repealed and replaced with AB 2257. At the federal level, with the transition to single-party control in the House, Senate (barely) and Presidency, the Protecting the Right to Organize (“PRO”) Act (H.R. 842) is making its way through Congress, and may even find a home inside the massive infrastructure bill now being debated on Capitol Hill. The PRO Act, as currently written, would include the most comprehensive amendment to the terms “employee,” “employer,” and “supervisor,” since the Fair Labor Standards Act of 1938 became law.
So how will all of these convergent changes settle out? And most importantly, how can employers plan for the expected changes on this contentious topic?
The New Definition of Joint Employer: Why It's a Threat to Compliance for 780...Snag
More than 780,000 franchise businesses and contractors now have an even bigger reason to be worried about compliance. In August, the National Labor Relations Board issued a decision that overturns a 30-year-old definition of the “joint employer” standard. So what does that mean for more than 10% of the country’s businesses? A lot.
Check out PeopleMatter's ‘Joint Employer Compliance’ webinar presentation, featuring the nation’s leading labor and employment law firm, Ogletree Deakins, to:
– Understand the reasoning behind the NLRB’s decision and what it means for employers
– Uncover how the ruling changes the landscape for unions and collective bargaining … and who’s responsible for labor violations
– Find out why 82% of franchisors think the decision will cause a “significant” impact to their business
– Get new strategies and best practices for employers to remain compliant with the new “joint employer” standard
The document discusses customers' rights when contracting for AV services at venues. It outlines that while venues have safety-related policies, some also have policies aimed at coercing customers into using in-house AV companies for monetary gain. The document advises customers to carefully review contracts for clauses limiting outside vendor use or charging fees for such use, as customers have the right to choose vendors based on performance and pricing. It provides guidance on common contract areas like building access, rigging, storage, and security to look out for during negotiations.
The document provides tips for hiring licensed contractors when repairing or rebuilding a home after a natural disaster like flooding in Tennessee. It advises homeowners to verify the contractor's license status and check for complaints. A license is required for projects over $3,000 or $25,000 depending on the county. The document outlines how to search for a contractor's license classification and monetary limit to ensure they are allowed to perform the needed work. Homeowners should get multiple bids and estimates, a written contract, proof of insurance, and never pay fully up front before inspections.
This document outlines rules implementing Articles 106-109 of the Labor Code regarding labor-only contracting. Some key points include:
- It defines labor-only contracting and removes the requirement for a stipulated contract term.
- It increases the substantial capital requirement for legitimate contractors to 5 million pesos and raises registration fees to 1 million pesos.
- It entitles contractor employees to separation benefits if not reemployed within 3 months of contract expiration.
- It sets the validity of contractor registration to 2 years and requires semi-annual reporting to avoid cancellation.
This document summarizes an automated compliance management platform called Simpliance. It allows companies to track and manage all statutory compliance requirements in one centralized system. Key features include consolidating all relevant acts, scheduling recurring compliance tasks, storing evidence and documentation, customizable checklists, roles-based access, and real-time updates when laws change. It aims to reduce compliance costs by up to 70% while ensuring all requirements are properly executed and auditable. Specific modules help with labor law compliance and tracking sexual harassment inquiries.
This document discusses rules and regulations related to outsourcing. It outlines key factors in determining the employer-employee relationship for contract labor. The main points are that contract labor are employees of the contractor, not the principal employer, unless the principal exercises direct control and supervision. There must be a clear agreement between the principal employer and contractor regarding wages and benefits for contract laborers. The law does not prohibit outsourcing for any sector but certain labor acts and regulations apply for contract laborers performing similar work as regular employees.
New Overtime Rules: The Official Changes to the FLSA White-Collar ExemptionsNet at Work
Join Constangy attorney Jonathan Martin as he addresses the U.S. Department of Labor's Final Rule on white-collar overtime exemptions, which has an effective date of December 1, 2016, as well as practical advice concerning other wage and hour conundrums.
This document summarizes 10 common mistakes made by government contractors in administering contracts. It discusses mistakes like failing to read the entire contract before beginning work, taking direction from unauthorized officials, and not complying with quality control requirements in the contract. The document provides examples and explanations for each mistake to help contractors avoid these issues in the future.
In this section of "Rise of the Machines: Avoiding the Legal Pitfalls of App Development" Roger Royse, founder of the Royse Law Firm, discusses:
1. Misclassification: Independent Contractor vs. Employee
2. Managing Risk: What Are the Direct & Indirect Costs
3. Strategies for Avoiding Misclassification
4. Reporting
10 07-14 hosting con europe 2014 presentation unannotatedwdsnead
The document discusses creating effective global contracts for internet businesses. It provides tips for drafting clear and compliant contract language while protecting the business. Key points include conducting a thorough review of contracts, ensuring data protection and security compliance as a competitive advantage, starting from the customer's perspective, and addressing issues like indemnification, warranties and service level agreements in plain language terms. The presenters provide expertise in international legal advice and European data protection law.
Maurice Blackburn provided union lawyers and industrial officers with the opportunity to gather CPD points with content that was relative to their industries. Presenters include Barristers Bob Reed and Cate Hartigan, and Maurice Blackburn Employment and Industrial Section Principal Giri Sivaraman.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
1. www.laborlawyers.com ● Phone (303) 218-3650
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Presented by:
Bruce Anderson
Jim Nottingham
Phone: (303) 218-3650
Email: banderson@laborlawyers.com
Confidential – Attorney/Client Privileged
2. www.laborlawyers.com ● Phone (303) 218-3650
BROWNING-FERRIS INDUSTRIES
Confidential – Attorney/Client Privileged
• A recent N.L.R.B. decision, Browning-Ferris Industries,
reversed 40 years of legal precedence when it changed
the factors it will consider when determining whether two
separate companies are joint employers.
• The N.L.R.B. dramatically expanded the “joint employer”
standard.
WHY?
3. www.laborlawyers.com ● Phone (303) 218-3650
OLD STANDARD
Confidential – Attorney/Client Privileged
• Both companies share or codetermine matters governing
the essential terms and conditions of employment.
• An Employer actually exercises, direct, immediate and not
limited control over workers to be considered a joint
employer with another company.
4. www.laborlawyers.com ● Phone (303) 218-3650
NEW STANDARD
Confidential – Attorney/Client Privileged
• The new standard eliminates the requirement that the employer
actually exercises direct, immediate and not limited control.
• If the business has the contractual right to control it will be held to
be a joint employer.
• Indirect control by a business indicates joint employment status.
• The new test will require a factual inquiry into the particular
circumstances of every case.
5. www.laborlawyers.com ● Phone (303) 218-3650
HOW ARE THE STANDARDS DIFFERENT?
Confidential – Attorney/Client Privileged
• The new standard:
• Is much broader;
• Is very fact specific;
• Is not limited to an exclusive list of factors;
• Is “inclusive” as to what constitutes essential terms and
conditions of employment.
6. www.laborlawyers.com ● Phone (303) 218-3650
WHAT WERE THE IMPORTANT FACTORS IN BFI?
Confidential – Attorney/Client Privileged
• BFI retained the ability to reject workers assigned to the facility;
• BFI required drug tests;
• BFI exercised indirect control by setting shift schedules and
controlling when overtime was needed;
• BFI signed off on the accuracy of subcontractor’s employees’ time
summaries;
• BFI assigned specific tasks to be performed by subcontractor
employees.
7. www.laborlawyers.com ● Phone (303) 218-3650
BROAD NEW STANDARD
Confidential – Attorney/Client Privileged
• Although the facts in the Browning-Ferris case are quite
different than in the standard subcontractor-contractor
relationship on a construction site, the test described by
the NLRB is so broad it extends to any business
relationship in which one company supplies labor in some
manner for the benefit of another.
– Contractor- Subcontractor relationships; and
– Using an employee leasing company are two examples of
business relationships which meet this broad standard.
8. www.laborlawyers.com ● Phone (303) 218-3650
CONTROLConfidential – Attorney/Client Privileged
»Under the new test what does Control mean?
»You have the absolute right to Control the Project!
» Encore cannot control the terms and conditions of
employment of a subcontractor’s employees.
9. www.laborlawyers.com ● Phone (303) 218-3650
CONTROLConfidential – Attorney/Client Privileged
• What terms and conditions of employment are considered?
» Primarily the contractor’s power over:
» Setting wages;
» Hiring / Firing;
» Dictating the number of workers to be supplied;
» Requiring disciplinary action;
» Controlling scheduling, seniority and overtime;
» Determining the means and methods of performance.
10. www.laborlawyers.com ● Phone (303) 218-3650
TWO TYPES OF CONTROL
Confidential – Attorney/Client Privileged
– Indirect Control- What is in the Subcontract Agreement that
allows Encore to affect the employment of a subcontractor’s
employees?
– Direct Control- What do Encore’s onsite supervisors do to
affect the employment of a subcontractor’s employees?
11. www.laborlawyers.com ● Phone (303) 218-3650
INDIRECT CONTROL
Confidential – Attorney/Client Privileged
• Primary focus is on any contract terms that could be
interpreted to mean Encore can control- hiring/firing,
discipline or scheduling of a subcontractor's employees.
• Encore’s current Subcontract Agreement provides:
– Encore’s onsite supervisors can require a subcontractor to remove an
unsatisfactory employee from the jobsite.
– If a subcontractor is behind schedule Encore can “hire additional workmen” to
perform subcontractor’s scope of work.
– Subcontractor’s employees are to check in to Encore’s onsite foreman each day
they are onsite.
12. www.laborlawyers.com ● Phone (303) 218-3650
DIRECT CONTROL
Confidential – Attorney/Client Privileged
• What can Encore’s onsite supervisor’s do on a jobsite that
could be considered as controlling the hiring/firing,
discipline or scheduling of a subcontractor’s employees?
– Job is behind schedule:
» Can Encore’s supervisor require subcontractor to schedule
employees to work overtime?
» Can Encore’s supervisor require subcontractor to bring in more
workers?
13. www.laborlawyers.com ● Phone (303) 218-3650
DIRECT CONTROL- Continued
Confidential – Attorney/Client Privileged
Subcontractor says can’t find qualified employees:
• Can Encore’s supervisor say raise employee’s pay?
You observe a subcontractor’s employee not wearing a
hardhat and tell him to put it on. After you see same
employee not wearing a hardhat again:
• Can Encore’s supervisor tell the subcontractor to fire this
employee?
14. www.laborlawyers.com ● Phone (303) 218-3650
DIRECT CONTROL- Continued
Confidential – Attorney/Client Privileged
• You observe a subcontractor’s employee working on a roof with no fall protection:
– Can Encore’s supervisor take immediate action to correct this safety issue?
– Can Encore’s supervisor tell the subcontractor to discipline the employee for not working
safely?
– What should Encore’s supervisor do?
• Notify subcontractor’s onsite supervisor of what happened.
• Don’t make a specific recommendation of what action subcontractor should take.
• Don’t say “fire that guy”.
15. www.laborlawyers.com ● Phone (303) 218-3650
FLOW DOWN CLAUSES
Confidential – Attorney/Client Privileged
• Encore’s Subcontract Agreement says subcontractor
assumes all obligations and responsibilities which
Encore by Contract Documents assumes towards
General Contractor and Owner.
– Does this contract term impact Encore’s indirect control
over a subcontractor's employees?
– Does this contract term impact the direct control Encore’s
onsite supervisors have over a subcontractor's employees?
16. www.laborlawyers.com ● Phone (303) 218-3650
FLOW DOWN CLAUSES – CONTINUED
Confidential – Attorney/Client Privileged
– How does this contract term impact Encore’s indirect control over a
subcontractor's employees?
• Examples:
– Hensel Phelps “Regulatory Packet”
» Flow Down clause requires Encore to comply with all terms in contract
between Hensel Phelps and Microsoft
– Microsoft Vendor Code of Conduct
» Pre-Placement Policy
» Requires background checks and gives Microsoft right to have an
employee removed from the jobsite.
– J.E. Dunn “Controlled Insurance Program”
» May request removal and requires disciplinary action of subcontractor
personnel who violate safety program
17. www.laborlawyers.com ● Phone (303) 218-3650
FLOW DOWN CLAUSES – CONTINUED
Confidential – Attorney/Client Privileged
• What has Encore done to address this issue?
– Revised Subcontract Agreement to say:
• Subcontractor acknowledges all orders, instructions, directives and determinations
issued by General Contractor or Owner, pursuant to the terms and conditions of the
Contract Documents, which require Subcontractor to take an action which may impact
one of Subcontractor’s employees, even if Contractor communicates the information
to Subcontractor on behalf of General Contractor or Owner, do not constitute a
decision or a determination of Contractor affecting the terms and conditions of the
employment of Subcontractor’s employees. (Depending on the specific requirements
in the Contract Documents of the GC or the Owner (i.e. Microsoft’s pre-placement
policy or Dunn’s Controlled Insurance program or similar requirements) the following
should be added--- Subcontractor also acknowledges it is complying with the
requirements of (insert GC or Owner name as applicable)___________________,
described in the attached Exhibit _____, as specifically required by (GC or
Owner)______________________ in the Contract Documents.
18. www.laborlawyers.com ● Phone (303) 218-3650
FLOW DOWN CLAUSES – CONTINUED
Confidential – Attorney/Client Privileged
– How does this contract term impact the direct control Encore’s
onsite supervisors have over a subcontractor's employees?
• Example:
– General Contractor’s Project Manager tells you a subcontractor’s employee
violated safety program, get him off the jobsite. What should you do?
» Contact subcontractor’s onsite supervisor - do not speak to the employee
directly;
» Explain specifically directed by general contractor to communicate that this
action be taken;
» Document both conversations in detail.
19. www.laborlawyers.com ● Phone (303) 218-3650
REVISED CONTRACT CLAUSES
Confidential – Attorney/Client Privileged
• Encore revised other contract terms which impact onsite supervisor;
– Paragraph 32 now says;
• If Subcontractor must allow a union representative to contact Subcontractor’s
employees on the jobsite, Subcontractor’s Project Manager will remain with the
union representative the entire time the union representative is on the jobsite and
the Project Manager will prohibit the union representative from communicating
with individuals on the jobsite who are not union members.
– You need to make sure this is done. Intent is to limit the ability of a union
representative to interact with Encore Employees.
20. www.laborlawyers.com ● Phone (303) 218-3650
REVISED CONTRACT CLAUSES
Confidential – Attorney/Client Privileged
• Changes were made in Attachment “B” Special Terms & Conditions:
– Old language:
• All personnel will be required to check in with Encore Electric, Inc. onsite
foreman each day they are onsite.
– New language:
» Subcontractor shall provide Encore Electric’s onsite foreman a daily report identifying
all of Subcontractor’s personnel present on the jobsite.
» New language:
» Subcontractor’s Project Manager shall attend Encore Electric’s weekly safety
meetings and Monthly Job wide safety meetings.