1099 Employees - No Such Thing

Persons tell me that their employer classified them as a, "1099 Employee." Let me be very clear about this: THERE IS NO SUCH THING AS A 1099 EMPLOYEE! Someone is either an independent contractor, in which event if that person receives over ...

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Joint Employers

Usually a person has only one employer. However, there are times when someone is the employee of more than one entity. Often this works to the benefit of the multiple employers. For instance, if an employee is injured on the job, worker's ...

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Equal Pay Act

Received a phone call from a woman who in spite of significant seniority was being paid less than a newly-hired man doing the same job. The Equal Pay Act gives redress to a woman in this situation. If the work is identical, or reasonably so, ...

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Sexual Orientation Discrimination Now Illegal

This post is about a long overdue change in employment law. An adjunct professor at Ivy Tech was reprimanded for kissing her girlfriend. She subsequently was not considered for full-time status in spite of numerous applications. Eventually, Ivy Tech ...

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Workplace Harassment - Escalation

This post is about as sad an employment case as there is. A supervisor with a history of harassing female subordinates threatened her job if she did not accompany him to an out-of-town wedding, where he killed and raped her. Her family then ...

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Employment At Will Doctrine

Many persons contact me about being fired. Some I can help, some I cannot. My first question is whether the employee belonged to a union. If the answer is yes, then the Collective Bargaining Agreement (“CBA”) sets out the circumstances ...

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Restrictive Employment Contracts - New Ruling, Old Rules

I have reviewed many employment contracts in my career that sought to restrict the right of an employee to work elsewhere. This was in legal news because the Court of Appeals recently ruled on an injunction not entered at Angie’s List’s ...

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Court Protects Whistleblower

The Indiana Court of Appeals ruled that a trial court erred when it dismissed a lawsuit brought by a former state employee who alleged she was fired because she complained about the state paying claims submitted to it without following the mandated ...

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Obama's Overtime Rules Overturned; Now What?

A federal judge in Texas overturned the President’s executive orders modifying certain administrative rules of the Fair Labor Standards Act that were set to take effect 1 December 2016. What is the impact of this ruling? To review, the most ...

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Should I secretly tape a meeting with my employer?

You have a scheduled meeting with your employer, and it is worrying you. There is a chance you will be fired, or you have some reason to believe that something bad will happen. So you wonder whether you should secretly record the meeting. What ...

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