China: Further Guidance On Distinguishing Between Labor Dispatch And Outsourcing

The Interim Provisions on Labor Dispatch were published by the Chinese Ministry of Human Resources and Social Security on January 24, 2014, and came into effect on March 1, 2014 (“Interim Provisions”). The Interim Provisions require that no more than 10 percent of a company’s total workforce can be engaged through labor-dispatch arrangements (akin to independent contract workers in common law countries). Companies that are not currently compliant with the Interim Provisions must adjust […]

By | January 19th, 2015 ||

United States: Make Sure Smartphones Mean Smart Business: Beware Of Wage-And-Hour Hazards

Mark Tabakman was quoted in the HR Hero article, “Make Sure Smartphones Mean Smart Business: Beware of Wage-And-Hour Hazards.” Full text can be found in the January 12, 2015, issue, but a synopsis is below.

It’s extremely important for employers to make sure their employees’ smartphone use at home isn’t putting their organization at risk of violating wage and hour laws.

Mark Tabakman explains that there is an “explosion of class-action cases” stemming from overtime-eligible […]

By | January 17th, 2015 ||

United States: Possible Hospital Malpractice Exposure In Missouri For Non-Employed Physicians

Based on a recent Missouri Court of Appeals case, hospitals need to be aware that they could be liable for the acts or omissions of any physician on their medical staff, if such physician is considered an “employee” of the hospital according to common-law principles of agency. Such principles focus on the amount of control the hospital has over the physician’s work.

Brief Facts. In Jefferson et al. v. Missouri Baptist Medical Center et al., […]

By | January 17th, 2015 ||