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Employers, human resource professionals, and employment attorneys all have the same burning question on their minds – what is the Trump administration’s Equal Employment Opportunity Commission (EEOC), with newly appointed Acting Chair Victoria A. Lipnic, going to do? An important part of this conversation is understanding the ways in which the EEOC is able to wield its agency power. In other words, some EEOC actions and regulations are directly attributable to the agency itself, while…
The Internet of Things (IoT) refers to the phenomenon of everyday objects like phones, refrigerators, and cars connecting to the internet in order to send and receive data. While the IoT promises a future of convenience and control over our daily lives, it also presents challenges outpacing the current body of employment law. For example, security badges are becoming smarter than passive magnetic strips, bring your own device (BYOD) policies connected to employer-run servers are…
Ever since the National Labor Relations Board (NLRB) blew open the joint employer concept last year in Browning-Ferris, it has been a rocky road for all involved to understand the implications of this new standard. The latest bump involves a question of jurisdiction: What happens when one of the joint employers is subject to the National Labor Relations Act (NLRA), but the other joint employer entity falls outside the jurisdiction of the NLRA?…
The National Labor Relations Board (NLRB) made major changes to the concept of joint employers in 2015, culminating in what many felt was a head spinning decision in August, known as Browning-Ferris, setting a new standard for determining if two entities are joint employers. That NLRB decision stepped beyond a review of one business’s actual exercise of direct control over another business’s employees to consider the mere possession of authority to control the essential terms…
Employers are beginning to learn that they may have far more employees than they think. A driver for the ride sharing company Uber was considered an “employee” by the California Labor Commissioner’s Office earlier this month. And just last August a national franchisor was considered a joint employer of its franchisees’ employees by the Office of the General Counsel of the National Labor Relations Board (NLRB). These two distinct acts demonstrate a growing trend…
If you need any evidence that modern vehicles are becoming more computer than car, look no further than this month’s over-the-air update from Tesla Motors pushed out to all of its Model S sedans. Like the latest iOS from Apple or a Security Update from Microsoft, a car manufacturer has the ability to remotely and automatically implement major changes to already-sold vehicles. Such updates will become increasingly common over time, but also highlight the role software plays…
The Internet of Things (IoT) is coming and perhaps the first place we will see the proverbial rubber hit the road is with something near and dear to Americans – our cars. The ever increasing connectivity of cars is creating a multitude of new security concerns and legal issues. On February 9, 2015, U.S. Senator Ed Markey (D-Mass.) released a report on automobile security and privacy vulnerabilities, Tracking & Hacking: Security & Privacy Gaps
The Internet of Things (IoT) is coming and perhaps the first place we will see the proverbial rubber hit the road is with something near and dear to Americans – our cars. The ever increasing connectivity of cars is creating a multitude of new security concerns and legal issues. The security concerns that arise from connected cars will not be unique to automobiles, and there are lessons to be learned for a variety of industries,…
The new Republican Congress began its session with an attempt to narrow the Affordable Care Act’s (ACA) employer mandate by exempting certain veterans and their families from counting toward the number of employees at small businesses. Meanwhile, the U.S. Department of Defense issued a final rule, effective January 30, 2015, which will expand availability of insurance through U.S. military health care provider Tricare — the very thing that will trigger the proposed ACA exemption.…
The Equal Employment Opportunity Commission has recently declared that pregnancy alone, even without other underlying medical conditions, may require employer accommodations such as light duty restrictions according to recent guidance released July 14, 2014. In a controversial decision splitting the commissioners 3-2, the EEOC broadcast a specific focus on pregnancy-related discrimination due to a continued uptick in charges and complaints over the past several years. With this in mind, automotive employers should consider taking a…