Robert T. Dumbacher

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New Jersey’s Paid Sick Leave Act will go into effect on October 29, 2018, making it the tenth state plus Washington DC and dozens of localities to mandate paid sick leave. New Jersey’s Act requires employers of all sizes to provide employees with up to 40 hours of paid leave per 12-month period. …
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Recently the National Labor Relations Board invited interested parties and amici to submit briefs in Velox Express, Inc. to address under what circumstances, if any, the Board should deem an employer’s misclassifying statutory employees as independent contractors constitutes a violation of Section 8(a)(1) of the National Labor Relations Act.  Briefs from parties and interested amici must be submitted on or before April 16, 2018.…
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We previously informed you of the NLRB’s decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co. in which the Board  overruled the controversial joint employer test which it had announced in Browning-Ferris Industries. On February 26, 2018, the Board entered an order vacating the Hy-Brand decision.  It did so in light of a determination by the Board’s Designated Agency Ethics Official, that Board Member William Emanuel “is, and should have been, disqualified from participating in the [Hy-Brand] proceeding.” …
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Across the country, worker misclassification issues continue to be a significant risk for employers. One hot button issue is whether workers in newer, technology-based industries, such as ride-sharing, are properly classified as independent contractors rather than employees. Last week, an appellate court in Florida considered whether Uber drivers are properly classified as independent contractors or employees for purposes of benefits under Florida’s unemployment insurance statute.…
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Recently, the federal government has highlighted the issue of religious discrimination and accommodation in the workplace. Given the diversity of most workplaces, especially retailers, employers should be particularly sensitive to the potential risks of religious discrimination and harassment claims, as well as its obligations to accommodate reasonable religious-based requests for workplace changes.…
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We previously have discussed that, as expected, the implementation of the NLRB’s ambush election rules in April 2015 considerably shortened the average time between the date of a petition being filed by a union and the date of election. This change substantially impacts the employer’s ability to conduct an effective campaign in the event of a union petition. …
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