As the economy continues to shift from a culture of full-time employment to an on-demand "gig" marketplace, the landscape of workers' rights is also changing. Working as an independent contractor rather than an employee allows a worker more flexibility and autonomy in their work schedule, among other things, but that may come at the cost of losing certain benefits. It's crucial to understand how the legal rights of workers who are considered "employees" are different from those who are considered independent contractors such as consultants, short-term contract workers, and freelancers.
Here's a nice case for the New Year: a win for a class of Panera Bread store managers who claimed that the operation cheated them out of part of their bonus, by imposing a cap on the amount that could be earned only after the program commenced. The panel majority holds that once the managers performed any service under the terms of the bonus plan, it formed a unilateral contract that the employer could not modify without consent.
Alongside this summer's blockbuster movies and sleeper hits something else has been pulling focus in Hollywood: pay equity. And it's about time.
On June 9, the long-awaited revised "fiduciary rule" from the U.S. Department of Labor ("DOL") went into partial effect and will be in full force as of January 1, 2018. After nearly a decade, and much political wrangling, the updated rule ushers in sweeping changes regarding the duties and responsibilities financial advisors and others owe their clients.
It's no secret that one of the ways companies try to cut costs is through layoffs. Another method, which can be just as disruptive to employees, is by reducing pensions and other benefits earned while working for the employer. From well-known companies to state governments, retirement benefits seem to be a favorite target, and provisions in President Trump's proposed budget are also raising fears that retired federal employees would see their benefits shrink drastically over time.
This Sunday, May 7, the world will be watching France to see if the wave of populism that led to Brexit and the election of President Donald Trump will now usher in Marine Le Pen as the new French president. Le Pen leads the country's far-right National Front party and is up against the centrist Emmanuel Macron in this Sunday's runoff poll.
It is not news that college athletics are big business. March Madness holds the entire country's rapt attention each year, and the revenues it generates for the NCAA are significant. The broadcast rights are worth more than $1 billion annually as of 2016. And, while the NCAA has indicated that 90% of that money goes to the benefit of the athletes, that may not truly be the case. March Madness is over, but many question whether the NCAA promulgates another form of madness, its amateurism rules that forbid compensation of college athletes.
As noted by Vogue Magazine, August marked the 23rd anniversary of the federal Family and Medical Leave Act. Though considered landmark legislation at the time, the law only provides for unpaid leave, and does not apply to a large percentage of Americans employed by companies with fewer than 50 employees. Seeking to correct this situation, four states - California, New Jersey, Rhode Island New York - now have paid leave laws. Even in those states, however, There remain gaps, particularly when it comes to job protection.
The SEC voted on Wednesday to require public companies to disclose the ratio of their CEOs' compensation to the median compensation of its employees. The new rule, which was approved by a 3 to 2 vote, stems from a mandate included in the Dodd Frank Wall Street Reform and Consumer Protection Act.
The Supreme Court - presented with a simple question about ERISA's fiduciary-duty statute of limitations (29 U. S. C. § 1113) - lays the foundation for a potential new round of litigation about how strictly and often plan fiduciaries must monitor the performance of their retirement investment plans. The Court, without dissent, agrees that There is no set-it-and-forget-it rule for fiduciaries.