The Department of Labor recently issued a proposed rule to determine whether workers are considered employees or independent contractors. If adopted, the new five-factor test will implement an updated standard by which companies must classify workers as either employees or independent contractors for the purpose of workers’ compensation and labor laws.
The recently passed CARES Act provides significant assistance to small businesses that may be considering bankruptcy due to financial losses caused by the COVID-19 pandemic. The new law expands the debt limits threshold from $2,725,625 to $7,500,000, thus allowing many more individuals and businesses to qualify for expedited bankruptcy relief under the Small Business Reorganization Act. Bankruptcy filers will also be able to exclude any economic relief they receive from the federal government as a result of the COVID-19 pandemic so as not affect their eligibility to file. Lastly, those operating under a confirmed Chapter 13 plan, assuming proof of “material financial hardship,” can extend their plan up to seven years.
As the novel coronavirus (COVID-19) continues to spread, employers and employees alike are concerned about how the virus may impact their rights. Employers are also concerned about what duties are owed to employees under federal or state law. These concerns may include notifying employees of preventative measures or leave requirements resulting from the spread of […]
The National Labor Relations Board (NLRB) released a final rule on joint employment under the National Labor Relations Act (NLRA), which drastically changes joint-employer status from a broad indirect-control theory to a more narrow “substantial direct and immediate control” theory.