In its recently issued decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, the National Labor Relations Board (NLRB) reversed course on the test it uses to determine whether a worker is an employee or an independent contractor, adopting a more employer-friendly standard. While it retains the common law’s multi-factor test for determining…

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TOP 10 DEVELOPMENTS OF 2018 IN EMPLOYMENT AND HIGHER EDUCATION LAW: NUMBER 9 – EMPLOYER ROUNDING POLICIES ARE LEGAL One of the year’s most important wage and hour decisions involved rounding of hourly employee time entries. AHMC Healthcare, Inc. v. Superior Court delivered a rare win for employers, affirming the legality of payroll systems that…

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On December 14, 2017, the National Labor Relations Board (the “NLRB” or “Board”) decided  Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co. (“Hy-Brand”), reversing its 2015 decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (“Browning-Ferris”) and re-establishing the pre-Browning-Ferris standard for determining joint employer status.  As detailed in our blog post…

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