The Nebraska Court of Appeals has again answered the age old question of whether a worker is an employee or an independent contractor. In Wight v H&S Contracting the court found that an individual who held himself out as a single employee operation was an independent contractor. In this case, Navarro Robles fell off of a roof while working on a job site. His widow claimed that he was an [...]
The Department of Labor, Wage and Hour Division, has finally issued its final regulations on the Family Medical Leave Act (“FMLA”). Most of the new regulations relate to rarely used FMLA provisions, but there is also a poster that now must be hung in the workplace. The new poster, which identifies a number of changes in the FMLA rules, is available here. This new poster can replace the poster that [...]
Employers in Nebraska can now share information with prospective employers about current and former employees. But, the employer must jump through the proper hoops, and the employer will be entitled to a rebuttable presumption of good faith if the information provided is accurate. The new law requires employers to obtain a written authorization from the employee to release information. The written authorization, which should be a standalone document, must state: I, (applicant), [...]
How many of you have an internet and e-mail monitoring policy at your office? Does the policy state that the company’s computer system is for business purposes and that the company may monitor internet usage and e-mails? Does it say that employees should have no expectation of privacy with the internet and e-mails? If you do not have an internet and e-mail policy or if your policy is not well [...]
The US Department of Labor reported that nearly 10% more FLSA lawsuits were filed in 2010 than in 2009, and almost double the number filed in 2005. And, DOL investigations and back-pay collection claims remain at or near record levels. Here are some tips to reduce your risk of FLSA claims: FLSA Audit. Consider performing an FLSA audit to review your policies and practices, especially those relating to exempt positions, [...]
I have had a number of clients call me in the last few weeks to discuss severance agreements. I think they are worth their weight in gold for any number of reasons. But, the primary reason is that they bring finality to an employee’s departure. A severance agreement is an agreement between the employer and the soon to be ex-employee through which the employee waives any and all claims against [...]
Well, it finally happened--a judge has ruled that an employee cannot be fired for Facebook posts. In this case, several employees posted comments about another employee, staffing levels and working conditions. The employee who was the target of the posts complained to management, and within a few days, all five employee posters were fired. The employees sued, asserting that they were engaged in protected activity under the National Labor Relations [...]
Much as documentation is important in construction projects, it is equally important in employee terminations. When you are considering terminating an employee, you should make sure you have all of your supporting documentation before the actual termination, instead of cobbling together the documentation several months afterwards. As many of you have experienced, an employee disappointed with his or her termination, does not have to sue immediately. The ex-employee often times [...]
The Department of Labor has increased its focus on independent contractors. Knowing whether your workers are independent contractors or employees is more important than ever. But how do you know? Regulatory authorities have identified a number of factors to determine whether your workers are independent contractors, but the primary factors are: The degree and extent or control you exercise over the worker; Whether the worker works for anyone else; Level [...]
