California High Court Upends Independent Contractor Test

| posted in Blog, Newsletter

The California Supreme Court has handed down a decision that rewrites the state’s independent contractor law by adopting a more stringent test for determining whether or not someone is an employee for wage order cases. The new test is similar to Massachusetts independent contractor law, which is considered the strictest in the country. The new law will affect any California business that uses independent contractors and it makes it more difficult to classify someone as an independent contractor. In its decision in Dynamex Operations West, Inc. vs. Superior Court, the court rejected a test that’s been used for more than…
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Run FMLA Concurrently with Workers’ Comp for Long-term Absences

| posted in Blog

Employers that run federal Family and Medical Leave Act benefits at the same time as workers’ comp benefits give themselves more leeway when employees are off work for workplace injuries for an extended period of time, a state supreme court has ruled. In the case of Kings Aire Inc. vs. Jorge Melendez, the Texas Supreme Court ruled that an employer who laid an employee off who had been out on workers’ comp concurrently with FMLA, but had exceeded the 12 weeks away that is allowed by the law, was entitled to do so. But regardless of the outcome of this…
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Same-sex Marriage Ruling and Your Employee Benefits

| posted in Blog, Newsletter

In June, the Supreme Court ruled that same-sex marriages are valid and should be performed throughout the United States. While the ruling in the case of Obergefell vs.Hodges is about personal liberties, it also will have an effect on employers’ employee benefit plans – and you need to know how to respond. First, in its ruling the court did not touch on sexual orientation discrimination in the workplace. As a result, the decision does not require employers to treat the same-sex spouses of their employees the same as opposite-sex spouses with respect to the provision of health and welfare benefits….
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