NLRB Revised Its Independent Contractor Test to Focus on Entrepreneurial Opportunity

2019-01-31T17:15:27+00:00 January 31st, 2019|Categories: Daniel Fishman, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, NLRB|

On January 25, 2019, the federal National Labor Relations Board revised its own test to determine whether a worker is properly classified as an independent contractor. The new test in SuperShuttle DFW places a worker’s “entrepreneurial opportunity for gain or loss” at the core of its independent contractor analysis. The

Employees need to do more than just whistle at work: Supreme Court requires whistleblowers to report to SEC to be protected by Dodd-Frank

2018-02-28T15:47:48+00:00 February 28th, 2018|Categories: Daniel Fishman, Human Resources Compliance|Tags: , , |

On February 21, 2018, the Supreme Court of the United States narrowed the universe of whistleblowers who are protected by the powerful anti-retaliation provisions within the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).

Don’t Get Taken to the Bank: How to Respond to Employees Asking for Accommodations

2017-04-27T20:07:23+00:00 April 27th, 2017|Categories: Daniel Fishman, Disability|

An employer has obligations when one of its employees requests an accommodation. In the broadest sense, an employer must grant reasonable accommodations to employees who have disabilities as defined by either federal or state law. Even with this obligation, however, employers can refuse to grant certain accommodations on the grounds that it would cause

Will the Legalization of Marijuana Impact your Business?

2017-04-26T18:43:27+00:00 November 30th, 2016|Categories: Daniel Fishman, Discrimination & Harassment, Labor Law & NLRB, Thomas J. Gallitano, Uncategorized|

On November 8, 2016, Massachusetts voters approved Question 4 to legalize the possession and recreational use of marijuana. The ballot initiative passed by a 53.6% to 46.4% margin. The law comes into effect quickly: recreational use and possession of marijuana will be legal for adults 21 years old or older on December 15, 2016 while

Breaking News: Judge Prevents Overtime Rule Implementation Nationally

2017-01-13T17:26:14+00:00 November 23rd, 2016|Categories: Daniel Fishman, FLSA, Thomas J. Gallitano|

On November 22, a federal district court judge in Texas issued a temporary injunction that prevents the Department of Labor’s overtime rule from going into effect nationally. The overtime rule would have raised the minimum yearly salary to qualify under the Fair Labor Standards Act’s (FLSA) white collar exemptions from $23,660 to $47,476. For an