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Entries tagged “Employment”

First Circuit: Bankruptcy Court “Retention of Jurisdiction” Provision Requires More Than Mere Words

Insight Douglas J. Schneller Douglas J. Schneller · July 11, 2017
The First Circuit recently ruled that the bankruptcy court lacked the authority to adjudicate disputes under a contract because there was no “arising under,” “arising in” or “related to” jurisdiction — in spite of the fact that the contract itself, previously approved by the bankruptcy court, included a

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Client Alert: New York City Bans Questions About Job Applicants’ Salary History

Insight Thomas M. White Thomas M. White · May 19, 2017
It is common for employers to ask job applicants about their current compensation before extending an offer of employment.  Critics of this practice contend that because women and minority males are often paid less than white men obtaining this information from applicants perpetuates income disparity.  A number of jurisdictions have

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Contractors vs. Employees: The Benefits and Risks of Hiring Outsourced Workers

Insight Thomas M. White Thomas M. White · January 20, 2015
This article, co-authored by Thomas M. White and Mark Rosenman, was originally published by Chief Executive. It can be viewed at the original source here. Alternatives to direct employment are flourishing, as businesses have come to believe they should keep in house only “core” functions and outsource other activities like IT and

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For Pension Plans – To Risk or to De-Risk: That is the Question!

Insight Thomas M. White Thomas M. White · September 29, 2014

Rimon Partner Tom White was recently published in the Wolters Kluwer Law & Business Employee Benefit Plan Review. He and his co-authors cover the best risk management strategies for employers offering retirement benefits. His co-authors are Corwin Zass, Tim Leier, Richard Farr, and Kelvin Wilson. Corwin Zass is a principal at Actuarial Risk Management, a BDOUSA Alliance member. Tim Leier is a senior pension consultant for ARM. Richard Farr is a partner and head of pensions advisory at BDO (UK) LLP. Kelvin Wilson is director and head of de-risking at BDO (UK) LLP.

This article is reprinted with permission from the September 2014 issue of Employee Benefit Plan Review.

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NLRB Announces Proposed Rule on Posting Employee Rights

Insight January 14, 2011

The NLRB proposed a rule which would require all employers to post notices informing employees of their rights under the National Labor Relations Act. 

 

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New Legal Trap for Employers in Hiring Independent Contractors

Insight Michael Moradzadeh Michael Moradzadeh · October 21, 2009

The United States Court of Appeals for the Second Circuit, in a September 10, 2009 ruling, held that an employer can be held liable for discriminatory hiring decisions made by its independent contractors. The case involved an independent contractor acting on behalf of the employer, telling the plaintiff that “they were looking for someone younger”.

The Second Circuit ruled that, even if the hiring decision is made by the authorized independent contractor, the employer was still responsible for the discriminatory hiring decision by the independent contractors. In a worse scenario, even if the independent contractor does not have the actual authority but the applicant thought that it did (“apparent authority” in legal terms), the employer is still liable.

Considering the harsh economy and fewer job opportunities these days, employers should be more cautious since the job applicant is more inclined to sue if he/she cannot get the job. Employers should avoid asking job applicant questions such as race, religion, national origin, gender and age, etc during the interview process; when entering into the independent contractor contract, it is a good idea to add an indemnification clause asking the independent contractor to indemnify the employer for any liability arising from the hiring process conducted by the independent contractor.

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