Firm Locations:
|
|
Chicago Office:
Willis Tower
233 S. Wacker Drive
61st Floor-Suite 6154
Chicago, IL 60606
O. 312.291.8299
Milwaukee Office:
Historic Third Ward
342 N. Water Street
Suite 600
Milwaukee, WI 53202
O. 414.323.6337
Phoenix Area Admin Office:
36889 N. Tom Darlington Dr.
PO Box 2800-145
Carefree, Arizona 85377
|
|
|
|
TRUSTED LEGAL ADVISORS
FOR
ALL YOUR BUSINESS NEEDS
|
MISCLASSIFICATION LAWSUITS STILL HOT ISSUET
|
|
The state government hunt for tax revenues continues unabated. State departments of revenue, and agencies responsible for unemployment and workers compensation continue coordinated and aggressive efforts to prosecute and collect payroll withholdings from employers perceived to be misclassifying employees as independent contractors. Especially attractive to the state are web-based business models which match customers with a service or product.
Employment audits and collection actions for the misclassification of employees are increasing. All employers, regardless of their size or industry, are subject to a misclassification challenge. Actions against "gig" economy employers are just the latest media headlines. Other targeted industries include janitorial, delivery, trucking, staffing, high tech/software, construction, as well as commonly outsourced services such as landscaping, catering, office and hotel services, maintenance, property management, and other supportive industries. Coordinated efforts with federal agencies have given state agencies additional skills and experience to root out misclassified employees to collect additional sources of revenue.
Ask yourself the following questions: "Does my company have a misclassification risk?" Do you outsource core or non-core functions? Do you have individuals who perform the same job, but some are classified as employees, and others are classified as independent contractors? Do you have former employees who have been rehired as consultants? Are you part of the growing internet-based economy that connects a customer with a service? Do you employ freelancers? Call any Spognardi Baiocchi LLP with your misclassification questions.
|
CRIMINIAL BACKGROUND CHECKS CONTINUE TO BE SUSPECT
|
|
The EEOC continues to monitor employers' use of criminal background checks. As we have reported in the past, the EEOC has continually attacked these types of employment "checks" for having a disparate impact on a protected class.
Most recently, the Dollar General, the largest "small box" discount retailer in the United States was a successful target of the EEOC's enforcement priority in this area. Dollar General agreed to pay $6 million dollars and furnish other relief to settle a class action race discrimination lawsuit brought by the EEOC. Dollar General stands accused by the EEOC of violating federal anti discrimination laws, namely Title VII of the Civil Rights Act of 1964 by denying employment to African Americans at a significantly higher rate than white applicants because such African American applicants failed the company's criminal background check deemed to broad by the EEOC.
The take away for employers? Remember any employment screen that has a disparate impact on a protected class will likely be successfully challenged unless the employer can show that the screen is job related and a business necessity. Given the "temperature" and culture currently, all such tests and screening protocols should be vetted for potential violations in this area. Additionally state law, as well as local law, should be reviewed in such areas as arrest and conviction record discrimination before applying any parameters to such employment screenings.
Our culture now more than ever has become dialed into such social movements as "#metoo" and "second chance" initiatives. Even if employers may not end of violating a law, employers must continually balance any harm to its reputation in our ever increasing hot tempered social media world.
Contact any Spognardi Baiocchi Attorney for review of your company's current policies in this area.
|
|
|
|
American labor law contains many "traps for the unwary,"--------principles of law that pose dire consequences for employers who act without obeying the law affecting their conduct. These traps affect both unionized and non-union employers. We have developed a short TRUE/FALSE quiz to focus on some of these traps:
TRUE OR FALSE
1. In response to active union organizing, it is a "best practice" and lawful for an employer to quickly develop and implement an effective "NO SOLICITATION/NO DISTRIBUTION POLICY".
2. Supervisors and managers can tell employees that the employer will shut down its operations if a union gets into the company.
3. A company that has a collective bargaining contract need not bargain with the union before it moves bargaining unit work to another location during the term of the contract.
4. A company that has a collective bargaining contract need not bargain with the union before it shuts down its operations during the term of the contract.
5. A company that has a collective bargaining contract need not bargain with the union before it implements a drug testing policy.
6. A company can prohibit employees from using its email system to solicit other employees to join a union.
7. If a union representative comes to a company with union authorization cards signed by all of the employees that work at the company and demands to be recognized, that company must recognize and bargain with the union within 30 days.
We will provide the answers along with comments to each of these queries next week.
|
|
|
|
SPOGNARDI BAIOCCHI LLP is
a law firm dedicated to partnering with companies of all sizes to address the full spectrum of legal concerns for its business. Our commitment is to find common sense solutions that fit each clients' unique situation to labor, employment, human resources and general business needs.
With over 50 combined years of experience among its 2 founding partners in these areas, we can assist businesses in developing custom solutions to today's tough issues. And as litigators, who combined have over thousands of trials "under their belts" before state and federal courts as well as administrative agencies (such as the NLRB) you will find no better advocate and partner.
|
|
DISCLAIMER:
All content in this Monday Morning Minute is intended for general information only, and should not be construed as legal advice applicable to your particular situation. No attorney-client relationship is created. Before taking any action based on the information contained herein, you should consider your personal situation and seek professional advice.
|
|
|
|
|
