News

NLRB RETURNS TO LONG-STANDING INDEPENDENT-CONTRACTOR STANDARD

In a January 25, 2019 decision in SuperShuttle DFW, Inc, the National Labor Relations Board returned to its long-standing independent-contractor standard, reaffirming the Board’s adherence to the traditional common-law test.  In doing so, the Board clarified the significant role entrepreneurial opportunity plays in its determination of independent-contractor status, as the D.C. Circuit has recognized.  The decision overrules FedEx Home Delivery, a 2014 NLRB decision that modified the applicable test for determining independent-contractor status by severely limiting the significance of a worker’s entrepreneurial opportunity for economic gain.

https://www.nlrb.gov/news-outreach/news-story/nlrb-returns-long-standing-independent-contractor-standard

https://www.nlrb.gov/case/16-RC-010963

MATT SIMMONS JOINS HESSEMARTONE TO HEAD FIRM’S NEW ATLANTA OFFICE

HesseMartone welcomes experienced attorney, Matt Simmons, as head of the Firm’s new Atlanta office and Special Counsel to the Firm.  Matt’s primary practice area is employment and commercial litigation.  Matt has significant experience as in-house counsel and in private practice. 

Prior to joining HesseMartone, Matt was the Head of Litigation and Associate General Counsel at one of the nation’s largest staffing companies.  In this role, Matt managed the company’s entire litigation docket, primarily consisting of non-compete and trade secret litigation, breach of contract actions, federal and state wage and hour laws, and class actions.  Matt also served as the company’s liaison to its human resources department and participated in the management of its day-to-day corporate functions.  Prior to this corporate role, Matt was in private practice, where he successfully tried or otherwise resolved dozens of cases in both Federal and state courts across the nation.  

Matt received his undergraduate degree from Duke University and his Juris Doctorate from the University of Miami School of Law.  Matt is a member of the Georgia Bar and the American Bar Association, the Atlanta Bar, and the Atlanta Council for Younger Lawyers.

MARTONE ADVISES MISSOURI GENERAL CONTRACTORS ON MEDICAL MARIJUANA IN THE WORKPLACE

HesseMartone CEO, Andy Martone, is presenting a workshop on medical marijuana in the workplace to the membership of the Associated General Contractors of Missouri next Tuesday, February 5. Missouri’s medical marijuana law takes effect on June 29, 2019, with the state Department of Health and Senior Services issuing medical cards by the end of the year. Employers need to prepare and update their policies before the law takes effect. AGCMO members should visit the association’s website for full workshop registration information.

US GOVERNMENT IS BACK OPEN FOR BUSINESS, HOW DID THE FEDERAL CONTRACTORS FARE?

While some federal contractors continued to work during the shutdown, some were paid and some were not. Though some were classified as essential, the vast majority were not. The difference in payment centered on the terms of their contract with the agency and the contracting officer.

https://www.washingtonpost.com/politics/backlogs-deadlines-and-a-massive-bureaucratic-reboot-await-federal-workers-after-shutdowns-end/2019/01/26/ed67e020-2189-11e9-8e21-59a09ff1e2a1_story.html?utm_term=.749ac05bce93&noredirect=on

 

 

COUNTY SHERIFFS AND TERMINATION DECISIONS AS REVIEWED BY THE MERIT BOARD

HESSEMARTONE is proud to represent several Illinois county sheriff departments and law enforcement employers. An interesting case on the use of Merit Boards, their role in administrative review, and employment termination decisions was released last week. The Cook County Merit Board, who reviews challenged terminations by the union, had been constituted of members who were serving for less than the full term. The circuit court reviews the Merit Board’s decisions.

 

http://www.illinoiscourts.gov/Opinions/AppellateCourt/2019/1stDistrict/1170915.pdf

DOES YOUR COMPANY USE ARTIFICIAL INTELLIGENCE TO SCREEN RESUMES?

Regardless of the screening tool, an employer may not base hiring decisions on stereotypes and assumptions about a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information, which some employers are finding out the hard way. While artificial intelligence resume screening may seem to be a cost-effective way to comb through thousands of resumes, employers should be wary of their impact. https://www.reuters.com/article/us-amazon-com-jobs-automation-insight/amazon-scraps-secret-ai-recruiting-tool-that-showed-bias-against-women-idUSKCN1MK08G

SCOTUS STRIKES FEDERAL ARBITRATION ACT APPLICATION IN FLSA CLAIM

Prime Trucking, Inc., a Springfield, Missouri based company, attempted to apply an arbitration clause in its independent contractor prohibiting class action claims. SCOTUS upheld the court’s decision to permit the courts to hear an independent contractor’s claim under the Fair Labor Standards Act.

New Prime Inc. v. Oliveira

FEDERAL EMPLOYEE LABOR UNIONS FRONT AND CENTER OF GOVERNMENT SHUT DOWN DEBATE

The National Federation of Federal Employees, National Air Traffic Controllers Association, National Treasurer’s Employees Union, among others, have begun filing suits in the Court of Federal Claims demanding back pay, overtime, minimum wage payment on behalf of their members. Most suits also claim violations of the Fair Labor Standards Act, launching the federal employee labor unions front and center of the government shutdown debate.

 

https://federalnewsnetwork.com/wp-content/uploads/2018/12/Filed-Complaint.pdf

MISSOURI EMPLOYERS BRACE FOR NEW LEGISLATION – 19 PRE-FILED BILLS IMPACTING EMPLOYERS

The Missouri General Assembly convened this week, with 19 pre-filed bills impacting employment law and policies. The bills impacting employers include: prohibiting employers to pay genders differently for the same work (HB 145); establishing a tax deduction for employers employing felons (HB 298) and requiring employers to pay employees for unused vacation at the end of employment (HB 330).

https://house.mo.gov/Bill.aspx?bill=HB145&year=2019&code=R

ILLINOIS CONTRACTORS NEED TO IMPLEMENT SEXUAL HARASSMENT POLICY BEFORE SUBMITTING BIDS

As of January 1, all businesses submitting bids to the state under the Illinois Procurement Code must have a sexual harassment policy in accordance with specified provisions of the Illinois Human Rights Act. The legislation, with chief sponsors Sen. Hutchinson and Rep. Feigenholtz, requires a copy of the bidder’s sexual harassment policy to be submitted with the bid.

 

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=91&GA=100&DocTypeId=SB&DocNum=405&GAID=14&LegID=100346&SpecSess=&Session