Employment law; 'employee' defined

Article Abstract:

Employers using temporary employees or independent contractors to help develop new products or intellectual property should not imbue them with employee status, requiring their signatures on agreements acknowledging that their finished products are works for hire, and companies should review all contracts with outside service providers to avoid liability under a Sibley or Rennels theory. The 9th Circuit's 1999 Vizcaino v. Microsoft is one example of a pro-independent contractor ruling in this area.

Employee benefits

---

Two NLRB decisions expand employee rights; nonunion workers now have 'Weingarten' rights, and unions are freer to organize temps

Article Abstract:

Epilepsy Foundation of Northeast Ohio, an NLRB ruling expanding the right of a nonunion employee to have another employee present at a meeting considered reasonably likely to impose discipline is discussed. M B Sturgis, another ruling enhancing a union's ability to organize temporary employees in the same unit as full-time ones, is also discussed.

Nonunion employees

---

In brave new world, who is an employee? Microsoft and Time Warner cases illustrate lag between business needs and laws regulating the contingent work force

Article Abstract:

The Vizcaino v. Microsoft and Herman v. Time Warner cases, and regard possible misclassification of contingent workers who sued to participate in their employers' benefit plan. The cases show the need for careful plan design and also for Congress to deal with changes in the work force.

Similar abstracts:

• Abstracts: Maximizing collections and billing boosts profits; to increase profitability, firms must know their costs, have established billing rates and focus on revenues and profit margins
• Abstracts: Must formalism be defended empirically? Constitutional structure and statutory formalism. Two functions of formalism
• Abstracts: How 'reliable' should a physician's diagnosis be? Circuits disagree over whether a doctor's causation testimony must satisfy the 'Daubert' test
• Abstracts: Precautions can mitigate legal dangers of Web sites; privacy concerns, hyperlink liability and jurisdiction issues should all be contemplated
• Abstracts: Constitutional law - bill of attainder - Fifth Circuit holds that the special provisions of the Telecommunications Act of 1996 are not a bill of attainder - SBC Communications, Inc. v. FCC

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.