United States: NLRB Adopts New Test For Independent Contractor Misclassification, Applies It To Find FedEx Drivers Are Employees Who Can Unionize

The NLRB has tossed a new vegetable into the enormous salad of independent contractor misclassification tests. As companies might expect, the new vegetable smells rotten.

Companies who wish to analyze whether their non-employee workers are properly classified as independent contractors must now contend with a new NLRB test, in addition to the IRS Right to Control Test (used for federal tax purposes), common law Right to Control Test (used for ERISA and federal discrimination law […]

By | October 16th, 2014 ||

United States: Maryland Court Of Appeals Holds That Inclusion Of Permissive "Termination For Cause" Provisions Negates Presumption Of At-Will Employment And Creates "Continuous For-Cause" Contract

In a recent decision, Spacesaver Systems, Inc. v. Adam, — A.3d —-, No. 98, 2014 WL 4216024 (Md. Aug. 27, 2014) (“Adam”), the Maryland Court of Appeals was “asked to re-examine the contours of the firmly established doctrine of at-will employment.” Adam, 2014 WL 4216024, at *1. Specifically, petitioner Spacesaver Systems, Inc. (“SSI”) asked the Court “to determine if a written contract containing a for-cause provision but no definite term of employment exists as […]

By | October 16th, 2014 ||

Belgium: New Collective Bargaining Agreement Regarding Outplacement In Joint Committee 218

On 10 July 2014, the Additional Joint Committee for Employees (Aanvullend Paritair Comité voor Bedienden/Commission Paritaire Nationale Auxiliaire pour Employés) (also referred to as the Joint Committee 218) adopted a Collective Bargaining Agreement concerning the right to outplacement for some employees (CAO betreffende het recht op outplacement voor sommige bedienden/CCT relative au droit au reclassement professionnel pour certains employés) (the “CBA”).

The right to outplacement for dismissed employees had been broadened by the Law of […]

By | October 14th, 2014 ||