Use Of Independent Contactors
The risks have never been higher
Workplace Violence
The Ostrich Syndrome
Quick With A Whip
Bullying by proxy
I-9 Employment Eligibility Verification
Is your form compliant?
Use Of Independent Contactors
The risks have never been higher
Workplace Violence
The Ostrich Syndrome
Quick With A Whip
Bullying by proxy
I-9 Employment Eligibility Verification
Is your form compliant?
The United States is well known for its strict immigration policies, and that includes using very specific entry criteria for visitors and issuing a limited number of business visas each year. Several visa types require documentation of the employment contract, educational background, and technical expertise of the employee. There are several areas where US immigration law may affect a foreign company doing business in the US.
The United States is well known for its strict immigration policies, and that includes using very specific entry criteria for visitors and issuing a limited number of business visas each year. There are both immigrant and non-immigrant types of visas available depending on the length of the employee’s assignment, education, position and the area of work being performed. Several visa types require documentation of the employment contract, educational background, and technical expertise of the employee.
For decades, there have been issues with businesses trying to understand what is and what is not permissible as it relates to classifying workers as independent contractors. In this economy, federal and state governments are looking for revenue wherever they can. It’s clear that taxing authorities believe this issue could be a pot of gold, with estimates of lost tax revenue in the billions of dollars each year.
While it is a myth that ostriches bury their heads in the sand to avoid danger, it is an apt image for how we human resource professionals often wish we could react when having to deal with what may be — or not be — impending workplace violence. We aren’t trauma psychologists specifically trained to know what to look for, nor are we lawyers who know how our actions — or lack of actions — can be defended in court.
During each Leadership for a Democratic Society Program, the Federal Executive Institute faculty host several breakfast seminars. Held for a limited number of participants, these sessions are designed to discuss topics that may be too contentious for a larger forum. One of the most thought-provoking seminars held recently was entitled, “Dealing with Difficult People: Should We Handle Them with Kid Gloves…or Boxing Gloves.”
In the past, employers failed to realize the importance of the I-9 Employment EligibilityVerification Form, or simply took it for granted. Since its introduction in 1986 as part of the Immigration Reform and Control Act, responsibilities for I-9 compliance and oversight were frequently delegated to junior human resources or administrative staff, with no real appreciation for its significance and purpose.
New guidance handed down from the U.S. Department of Labor (DOL) could drastically alter the landscape of how companies classify and hire employees. As a result of the new DOL guidance, more independent contractors may actually be defined as employees. The guidance appears to stem from the new business models created from share-and on-demand based technologies (e.g. Uber) that exist outside the traditional workplace.
The beauty of outsourcing work to independent contractors is that you get the benefit of the services and no responsibilities, except for timely payment, right? While you might need workers’ compensation insurance in case your employees are injured on the job, you have no such responsibility toward your independent contractors, right? If the independent contractor sustains an injury while on your premises doing work for you, well that’s their problem, isn’t it?
The U.S. Department of Labor has released guidance on joint employment under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). This guidance may also be useful for joint employers determining how to comply with Oregon's paid sick time law, which follows the FMLA joint employer regulations.