On June 7, 2017, the Department of Labor (DOL) withdrew its 2015 and 2016 informal guidance on the topics of joint employment and independent contractors. These guidelines were issued during President Obama’s administration, and had the effect of expanding joint employer liability and narrowing the definition of independent contractor. The guidance letters were in the […]
Putting the Steeple (Back) on the Hospital: Supreme Court Rules that Benefit Plans for Employees of Religious-Affiliated Hospitals are Exempt from ERISA
In a June 5, 2017 decision, the U.S. Supreme Court held that benefit plans covering employees of church-affiliated hospitals were “church plans,” and hence not subject to ERISA, despite not being “established” by a church. The decision, Advocate Healthcare Network v. Stapleton, ___U.S.___, 2017 U.S. LEXIS (U.S. June 5, 2017), reverses a recent trend in […]
Do You Really Need Non-Compete Agreements With Your Hourly Employees?
On December 7, 2016, the Chicago Tribune reported that sandwich maker Jimmy John’s had agreed to a $100,000.00 settlement with the Illinois attorney general over its use of non-compete agreements with its hourly employees. Those agreements barred employees from working at another sub shop while employed with Jimmy John’s and for a period of two […]
It’s Eleven O’Clock: Do you know who your employees are?
Hire him as an employee and he’s an employee. Hire her as an independent contractor, she’s an independent contractor. Employees get W-2’s and are eligible for benefits. Independent contractors get 1099’s, and aren’t. Easy, right? If it were that simple, the Department of Labor, the IRS and various states would not be fielding an increasing […]