labor law

Federal government frequently contracts with labor law violators: report

Washington – Nearly 30 percent of employers that rank among the top violators of federal wage and safety laws receive federal contracts, according to a report issued Dec. 11 by the Senate Health, Education, Labor and Pensions Committee after a yearlong investigation.




labor law

Iowa’s revised child labor law violates federal law, DOL says

Washington — Iowa’s revised child labor law doesn’t meet federal requirements, U.S. Department of Labor officials contend.




labor law

Florida bill aimed at rolling back child labor law restrictions

Tallahassee, FL — Recently introduced legislation in Florida would lift restrictions on the number of hours 16- and 17-year-olds can work, and when.




labor law

Changes to child labor laws

A quick look at state-level efforts to amend laws that mandate where, when and how long teens can work.




labor law

Worker Gets Summary Judgment on Labor Law Claim; Court Splits on Judgment for Subcontractor

A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claims but split on whether a subcontractor on the project…




labor law

Worker Should Have Been Denied Leave to Add Defendant to Labor Law Claim

A New York appellate court ruled that a worker should have been denied permission to amend his complaint to add a new defendant to his Labor Law action. Case: Rowe v.




labor law

Court Overturns Summary Judgment for Labor Law Defendants on Indemnification Claims

A New York appellate court ruled that some defendants in a Labor Law action were not entitled to summary judgment on their indemnification claims against an injured plaintiff’s employer. Case: Lamarr v.




labor law

Worker Should Have Been Granted Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker should have been granted summary judgment on his Labor Law claim for falling from a scaffold. Case: Amaro v. New York City…




labor law

Worker Gets Partial Summary Judgment on Labor Law Claim for Bridge Accident

A New York appellate court ruled that an injured worker should have been granted partial summary judgment on his Labor Law claims for a bridge construction accident. Case: Chiarella v. New…




labor law

Property Owners, Architect Not Liable for Labor Law Claims

A New York appellate court ruled that the owners of a private residence and their architect were entitled to summary judgment dismissing the Labor Law and negligence claims against them…




labor law

Carrier Has Duty to Cover Property Owner for Labor Law Claim

A New York appellate court ruled that an insurance company had a duty to provide coverage to a property owner defending against a Labor Law claim. Case: Arch Specialty Insurance Co.




labor law

Court: Property Owner Should Have Been Granted Summary Judgment on Labor Law Claim

A New York appellate court ruled that a property owner should have been granted summary judgment dismissing an injured worker’s claims against it. Case: Miranda v. 1320 Entertainment Inc., No. 2022-09472,…




labor law

Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker who fell from a scaffold. Case: Ramirez v. Pace University, No. 2022-04811, 08/28/2024, published. Facts: Jonathan Ramirez allegedly fell from…




labor law

Worker Not Entitled to Summary Judgment on Labor Law Claims

A New York appellate court ruled that a worker was not entitled to summary judgment on his Labor Law claims for an alleged fall from a ladder. Case: Injai v. Circle F…




labor law

Labor Law Defendants Get Summary Dismissal of Claim

A New York appellate court upheld summary judgment for the defendants in a Labor Law case involving a worker’s fall from the roof of a home undergoing renovations. Case: Argueta v…




labor law

Worker Gets Summary Judgment on Labor Law Claim for Slip and Fall

A New York appellate court ruled that a worker was properly granted summary judgment on his Labor Law claim for a workplace slip-and-fall injury. Case: Oliveira v. Top Shelf Electric Corp., No.




labor law

Labor Law Defendants Get Summary Judgment

A New York appellate court ruled that the defendants in a Labor Law action should have been granted summary judgment on an additional aspect of the plaintiff’s claim, but part…




labor law

Worker Gets Summary Judgment for Labor Law Claim Based on Painting Accident

A New York appellate court ruled that a worker was entitled to summary judgment for his injuries from a falling while painting a bathroom. Case: Mosquera v. TF Cornerstone Inc., No. 23663/16,…




labor law

Worker Struck by Falling Object Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries from being struck by a falling object. Case: Tejada-Rodriguez v. 76…




labor law

Worker's Labor Law Claim Dismissed; Defendant's Indemnification Claim Revived

A New York appellate court upheld the summary dismissal of a worker’s Labor Law claim and revived a defendant’s third-party indemnification claim. Case: Pitang v. Beacon Broadway Co. LLC, No. 27350/17, 10/01/2024,…




labor law

No Summary Judgment for Labor Law Defendants

A New York appellate court ruled that none of the defendants in a Labor Law action was entitled to summary judgment dismissing the claims against them or on their claims…




labor law

Worker Hit by Falling Tree Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment in a Labor Law claim by a worker injured by a falling tree. Case: Ells v. City of Niagara Falls, No. 644…




labor law

Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims

A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC,  No. 22340/19,…




labor law

Worker who Fell from Cement Truck Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim based on his injuries from a fall from a cement truck. Case:…




labor law

Worker Struck by Pipe Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim. Case: Molina v. 114 Fifth Avenue Associates LLC, No. 156349/16, 10/15/2024, published. Facts: Jose Molina…




labor law

Worker Who Fell in Elevator Shaft Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim based on his fall while working in an elevator shaft. Case: De Souza v.




labor law

Worker Injured Using Makeshift Ladder Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries while dismounting a bucket he was using as a makeshift…




labor law

Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action

A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and that a third-party defendant should have been granted summary…




labor law

Court Overturns Grant of Summary Judgment for Labor Law Defendant

A New York appellate court ruled that a Labor Law defendant should not have been granted summary judgment dismissing the claim against it. Case: Lopez v. Kamco Services LLC, No. 2022-05176,…




labor law

Worker Should Have Been Granted Partial Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claim for a trip-and-fall injury on a construction site. Case: Guzman-Saquisili v.




labor law

Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker who fell from a scaffold should have been granted partial summary judgment on his Labor Law claim. Case: Ruiz v. BOP 245…




labor law

New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16

Lavanga V. Wijekoon and Emily Linn examine a new Illinois law (SB 1782) that enhances restrictions on the employment of minors and imposes certain new civil and criminal penalties on violating employers.

SHRM

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labor law

New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16

  • Illinois has enacted the Child Labor Law of 2024, which enhances restrictions on the employment of minors in the state, and creates new employer obligations.
  • The new law includes civil and criminal penalties for violations.




labor law

The Coming Regulatory Avalanche: Engineering Practical Employment and Labor Law Compliance Solutions

The focus of this 2011 Littler Report is to provide employers with information to prepare and plan for regulations recently passed and those currently making their way through the agency rulemaking process. Part One of this Littler Report will set the stage and define the challenge employers will face in the coming years as the Obama Administration enters the second half of its term.




labor law

Does Modern Labor Law Violate the Fifth Amendment?

Alexander Thomas MacDonald provides insight into the new regulations under theH-2A visa program. 

The Federalist Society

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labor law

Hot Topics in Labor Law




labor law

Congressional Democrats Want to Weaponize Federal Labor Law

Michael Lotito writes about unions and their allies’ attempts to sneak parts of the Protecting the Right to Organize (PRO) Act into the budget bill.

The Wall Street Journal

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labor law

Labor Law for Employers: What Every Business Needs to Know




labor law

Navigating the New Labor Law Landscape




labor law

Littler’s Labor & Employment Law Breakfast Series, Employment and Labor Laws Update




labor law

We asked a labor lawyer what AI laws HR should look out for

Niloy Ray talks about the proposed AI regulations from the California Privacy Protection Agency and what all HR professionals should consider about AI and compliance. 

HR Brew

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labor law

Trump’s Chance to Alter Labor Law Turns on NLRB Chair’s Tenure

Michael Lotito says it’s possible that Democratic board members get a pink slip from the Trump administration regardless of whether it’s necessary to create the space for a Republican board majority.

Bloomberg Law

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labor law

Supreme Court turns down challenge of California labor lawsuits by Uber, Lyft

The Supreme Court refuses to shield Uber and Lyft from California state labor lawsuits that seek back pay for tens of thousands of drivers.




labor law

Global Employment and Labor Law Update - May 2020

Welcome to this special COVID-19 edition of our quarterly Global Employment and Labor Law Update which you can find HERE Please do not hesitate to contact us if you wish to find out more....




labor law

New labor laws are coming to California. What's changing in your workplace?

For California businesses, 2020 will be a year of reckoning. Sweeping new laws curbing long-time employment practices take effect, aimed at reducing economic inequality and giving workers more power in their jobs.




labor law

New California labor law AB 5 is already changing how businesses treat workers

California employers may dislike the new law on independent contractors, but they're devising a host of strategies to comply.




labor law

A proposal for modernizing labor laws for 21st century work: The “independent worker”


Abstract

New and emerging work relationships arising in the “online gig economy” do not fit easily into the existing legal definitions of “employee” and “independent contractor” status. The distinction is important because employees qualify for a range of legally mandated benefits and protections that are not available to independent contractors, such as the right to organize and bargain collectively, workers’ compensation insurance coverage, and overtime compensation. This paper proposes a new legal category, which we call “independent workers,” for those who occupy the gray area between employees and independent contractors.

Independent workers typically work with intermediaries who match workers to customers. The independent worker and the intermediary have some elements of the arms-length independent business relationships that characterize “independent contractor” status, and some elements of a traditional employee-employer relationship. On the one hand, independent workers have the ability to choose when to work, and whether to work at all. They may work with multiple intermediaries simultaneously, or conduct personal tasks while they are working with an intermediary. It is thus impossible in many circumstances to attribute independent workers’ work hours to any employer. In this critical respect, independent workers are similar to independent businesses. On the other hand, the intermediary retains some control over the way independent workers perform their work, such as by setting their fees or fee caps, and they may “fire” workers by prohibiting them from using their service. In these respects, independent workers are similar to traditional employees.

Evidence is presented suggesting that about 600,000 workers, or 0.4 percent of total U.S. employment, work with an online intermediary in the gig economy. Although there are probably many more workers who currently work with an offline intermediary who would qualify for independent worker status than there are who work with an online intermediary, the number of workers participating in the online gig economy is growing very rapidly.

In our proposal, independent workers — regardless of whether they work through an online or offline intermediary — would qualify for many, although not all, of the benefits and protections that employees receive, including the freedom to organize and collectively bargain, civil rights protections, tax withholding, and employer contributions for payroll taxes. Because it is conceptually impossible to attribute their work hours to any single intermediary, however, independent workers would not qualify for hours-based benefits, including overtime or minimum wage requirements. Further, because independent workers would rarely, if ever, qualify for unemployment insurance benefits given the discretion they have to choose whether to work through an intermediary, they would not be covered by the program or be required to contribute taxes to fund that program. However, intermediaries would be permitted to pool independent workers for purposes of purchasing and providing insurance and other benefits at lower cost and higher quality without the risk that their relationship will be transformed into an employment relationship.

Our proposal seeks to structure benefits to make independent worker status neutral when compared with employee status, as well as to enhance the efficiency of the operation of the labor market. By extending many of the legal benefits and protections found in employment relationships to independent workers, our proposal would protect and extend the social compact between workers and employers, and reduce the legal uncertainty and legal costs that currently beset many independent worker relationships.

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Authors

  • Seth D. Harris
  • Alan B. Krueger
Publication: The Hamilton Project