Highlighted Posts

Posts from January 2019.

The National Labor Relations Board issued a press release on January 25 indicating a return to the previous standard for determining if an individual is an employee or independent contractor for purposes of determining the right to organize. This overturns a 2014 ruling by the NLRB and returns to the decades-long “common-law” test.  In ...

By Michelle D. Wyrick

On January 25, 2019, in SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, Case 16–RC–010963, the National Labor Relations Board (“NLRB”) overruled its prior decision in FedEx Home Delivery, 361 NLRB 610 (2014), and returned to the common-law test that it previously used to determine whether ...

The NFL gave football fans the gift of two record-setting NFC and AFC Championship games last Sunday – both decided on controversial calls and crucial plays in the last seconds of overtime. Football fans relish intense battles that leave us on the edge of our seats until the final whistle blows. Yet most fans agree – our desire for uncertainty ends ...

By Sharon Gold

Over the past few decades, the US Supreme Court has become a very arbitration-friendly Court.  Indeed, in the last decade, the Court has upheld arbitration in numerous decisions.  This week, in a rare victory for arbitration opponents, the Supreme Court in New Prime Inc. v. Oliveira unanimously rejected arbitration for truck drivers ...

Uh oh.  You just found out one of your employees claims she got hurt at work.  You know you have workers’ comp coverage, but you’ve never handled a claim before.  And you’re not sure she actually got hurt at work.  What do you do?

Investigate!

  • If there was a delay in reporting the injury, review timecards and make sure the employee worked that day.
  • Talk ...

By Marianna Michael

It is time to begin working on your H-1B visa petitions for the fiscal year beginning October 2019.  The H-1B visa offers employers a means to temporarily hire international workers for positions that cannot be filled by U.S. workers.  There is a cap of 85,000 visas which can be issued, of which 65,000 are allocated for individuals ...

The government shutdown is entering yet another week with no end in sight.  About 800,000 federal employees have been furloughed or are working without pay. (For those wondering, private employers do not have the luxury of having people to work without pay when finances are tight.  That’s a perfect example of our government using the “Do as I say ...

Although I’m quite sure the Notorious B.I.G. was referring to something else, I’m talking about Ohio Constitutional Amendment II-34a. In November of 2006 my fellow Ohioans passed a Constitutional Amendment requiring that the minimum wage in Ohio adjusts annually to reflect the rate of inflation. I won’t bore you with the math on how ...

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