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Employer or Contractor? Are you an employer or a contractor with people who perform labor and services for you? Are those service providers your employees or independent contractors? The distinction makes a big difference for both insurance and tax reasons. A big battlefield is with respect to workers compensation insurance premiums and employee payroll taxes….

The U.S. Court of Appeals for the Second Circuit has issued a test for determining whether a company must compensate an intern as an employee under the Fair Labor Standards Act (FLSA). Employers with unpaid internship programs and those considering hiring unpaid interns should consult with an attorney to determine how to properly structure such…

In December 2014, the National Labor Relations Board issued a decision in the matters of Purple Communications, Inc. and Communications Workers of America, AFL-CIO, 361 NLRB 126 (2014). The case involved attempts by the Communications Workers of America to unionize at Purple Communications Inc., a company that provides sign-language interpretation services. The employer had maintained…

The United States Court of Appeals for the Second Circuit, in Palma v. National Labor Relations Board, Docket No. 12-1199 (2013), recently held that the Congressional intent in the Immigration Reform Control Act of 1986 (“IRCA”) prevents an award of back-pay to undocumented workers in a labor dispute. The Second Circuit in making its ruling…

Severing an employment relationship can be difficult for both an employer and an employee. A fired employee may not only experience financial difficulty, but may also have feelings of anger, betrayal, and a diminished self-worth. Many people who are fired look for retribution against their former employers, and wonder what their rights are given what…

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