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Are Your Employees Really Independent Contractors?

by Martin Salcedo, Esq. - The Human Equation on 10/20/2015
medical symbol

The Department of Labor (DOL) recently gave a free lesson about misclassifying employees as independent contractors under the FLSA.

Those failing this lesson may get another from the DOL, but it probably won’t be free. Since the DOL is making an effort to identify and remedy employee misclassification, employers should be doing the same.

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Categories: 2015

Is There a Bully in Your Workplace?

by Martin Salcedo, Esq. - The Human Equation on 4/23/2014
workplace bully

Chances are there is a bully in your workplace, and that’s bad for business. The Workplace Bullying Institute (WBI) defines bullying as repeated mistreatment involving physically or verbally abusive conduct that is threatening, intimidating or humiliating, or that interferes with or prevents work from getting done. According to the WBI’s 2014 Workplace Bullying Survey:

  • 27% are or have been victims of workplace bullying
  • 21% have witnessed workplace bullying
  • 23% are aware of workplace bullying
  • 65 million workers are affected by workplace bullying

Though the frequency of workplace bullying may come as a surprise to some, the consequences should not. Workplace bullying typically increases employee turnover, decreases productivity, reduces job satisfaction, undermines morale, increases workers’ compensation costs and increases employment-related litigation costs.

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Unlawful Retaliation under Title VII: No More Mixed Messages

by The Human Equation, Inc. on 8/21/2013
workplace discrimination

Title VII prohibits retaliation against employees who engage in protected activity, such as opposing or alleging unlawful workplace discrimination. Those suing for unlawful retaliation must prove that there is a link between the retaliation and their protected activity. But, how strong must the link be? The U.S. Supreme Court recently answered this question in University of Texas Southwestern Medical Center v. Nassar.

In this case, Dr. Nassar alleged that his supervisor was biased against him on account of his religion and ethnic heritage. His supervisor once remarked that “Middle Easterners are lazy,” and, upon hearing that another physician of Middle Eastern descent was hired, the supervisor said that the hospital had “hired another one.” Dr. Nassar lodged several complaints about his treatment. Thereafter, a series of events led to Dr. Nassar leaving the hospital for another position. More...

Who is a Supervisor under Title VII? Why does it Matter?

by Martin Salcedo, Esq. - The Human Equation on 7/17/2013
supervisor and employee

Who is considered a supervisor under Title VII? Since our last article discussing Vance v. Ball State University, the U.S. Supreme Court has given us the answer. According to the Court, a supervisor is a person

empowered by the employer to take tangible employment actions against the victim; to effect a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.

Vance involved allegations of racial harassment and discrimination in violation of Title VII. Though the parties disputed the precise nature and scope of the harasser’s duties, it was clear that the harasser did not have the power to hire, fire, demote, promote, transfer or discipline the plaintiff. Given the harasser’s inability to take a tangible employment action against the plaintiff, the Court held that the harasser does not qualify as a supervisor under Title VII. More...

The New Form I-9: What’s Different?

by Martin Salcedo, Esq. - The Human Equation on 4/30/2013
paperwork

Those of you following us on Facebook or Twitter know that the U.S. Citizenship and Immigration Service (USCIS) recently revised the Employment Eligibility Verification Form (Form I-9). Though optional since early March 2013, the revised Form I-9 will become mandatory on May 7, 2013. As of this date, employers must stop using prior versions of the Form I-9 and begin using the version dated 03/08/13. (The version date can be found at the bottom of the form.)

I-9’s are used by employers to verify the identity and employment authorization of every new employee hired in the United States, regardless of citizenship. This process is authorized by the Immigration Reform and Control Act to preclude the unlawful hiring, recruiting or accepting a fee for the referral of aliens who are not authorized to work in the United States. More...

Job References

by The Human Equation, Inc. on 10/6/2008

A former employee is currently interviewing for a new job, and the prospective employer is now asking me for a reference. More...

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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