Many employers believe that labeling a worker “independent contractor” will end the classification inquiry. The inquiry, however, will reach beyond definitions included in a contract. Whether a worker is properly classified as an independent contractor is based on multiple factors. Employers should pay heed to increased enforcement-and make sure workers are accurately classified. Alas, the [...]
Privacy law becomes more uncertain with each technological innovation-and each judicial decision. Employers beware. Although the recent U.S. Supreme Court decision in City of Ontario v. Quon addressed government employers, the decision has far-reaching practical implications for private sector employers. In Quon, the police department reviewed officer Quon’s text messages-explicit messages he sent over a [...]
There is a growing danger in the American workplace for employers and employees alike: Facebook and its brethren. Social media technology is constantly evolving, far more rapidly than privacy jurisprudence – which, comparatively, stumbles along like a decrepit wagon. That is why every employer must have a sound social networking policy, which strikes a balance [...]
