Legal Updates

NLRB Replaces Its Test for Distinguishing Between Employees and Independent Contractors – Returns to Pre-2014 Common Law Based Test

In a three to one decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or the “Board”) in SuperShuttle DFW, Inc., 367 NLRB No.75 (2019), the Board announced it was rejecting the test adopted in 2014 in FedEx Home Delivery, 361 NLRB 610 (2014) for determining whether a worker was an employee or an independent contractor and returning to the test it used prior to the FedEx Home decision.

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NLRB Begins to “Restore” the Appropriate Standard for Defining “Concerted Activity”

Last week, the National Labor Relations Board (the “Board”) issued a decision that “begins the process of restoring” a decades-old definition of “concerted activity” under Section 7 of the National Labor Relations Act (“NLRA” or the “Act”) – a definition that, in the Board’s view, had become muddled and unduly expanded as recent decisions “blurred the distinction between protected group action and unprotected individual action.”

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Davis Malm Adds Emily P. Crowley to its Employment and Litigation Practices

Ms. Crowley represents clients in matters involving employment, contracts, indemnification, product liability, and corporate disputes, including shareholder and partnership issues, breach of fiduciary duty, and misappropriation of trade secrets.

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Royal Commission into Aged Care Update

Some important issues have been clarified at the Royal Commission into Aged Care Quality & Safety’s first hearing, held in Adelaide on 18 January. The Commission has confirmed that Approved Providers need to make themselves available and cannot prevent witnesses from attending the Commission. The Commission will be issuing notices to produce or provide information soon and Approved Providers need to start preparing now.

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What’s new? – Employment law in 2019

Several key changes in employment law have taken place over the period from the end of last year to now, particularly with regard to the rights and obligations associated with casual employment and NES entitlements. Employers need to be aware of these changes and how they impact on their current workplace practices and policies.

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Mandatory Paid Personal Time Law Proposed in New York City

On January 9, 2019, Mayor Bill de Blasio announced his plan to make New York City the first city in the country to mandate that private sector employers provide paid personal time (“PPT”) for their employees. Under the proposal, employers with five or more employees would be required to grant their employees 10 days of PPT to use for any purpose, including vacation, religious observance, bereavement, or simply to spend time with their families. It is unclear whether the proposed legislation would apply to only full-time workers, or whether, similar to the Earned Safe and Sick Time Act(“ESSTA”), it would include many part-time employees as well. The Mayor said he would work with the New York City Council to develop the legislation, and several Council members have already voiced their support for the proposal. …

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Video Wills: valid or a virtual reality?

Further to our update last year, Wills: 20,000 reasons why not to DIY, a recent Queensland case has again highlighted the importance of having a properly drafted Will. The case illustrates the fact that while informal Wills can be accepted by the Court, the potential stress, delays and significant extra cost of getting a Court to accept an informal Will could otherwise have been avoided by ensuring there was a valid properly drafted Will in place.

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Financial Services in Focus – Issue 18

Funds and financial products

ASIC releases consultation paper on fees and costs disclosure regime

On 8 January, ASIC released a consultation paper on reforms to the fees and costs disclosure requirements for managed investment schemes and superannuation funds.

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Federal Appellate Courts Ring In the New Year by Taking Up Website and Mobile Application Accessibility 

As expected given the extreme volume of website accessibility lawsuits filed over the last few years, in the first few weeks of the new year, United States’ Circuit courts have finally begun to weigh in on the law as it pertains to the accessibility of websites and mobile applications, and the results are generally disappointing for businesses.

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New York State Renews its Efforts to Regulate Employee Scheduling

The New York State Department of Labor (“DOL”) recently issued proposed statewide regulations that would require employers to pay employees “call-in pay” when employers use “on call” scheduling or change employees’ work shifts on short notice. This is not the DOL’s first foray into this area – in November 2017, the DOL released similar proposed regulations but ultimately declined to adopt them. The DOL’s new set of proposed regulations would apply to the vast majority of employers operating in New York, but are of particular interest to New York City retail employers, who regularly use “on call” scheduling, and who are already subject to the New York City Fair Workweek laws.

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