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45 votes
Accepted

Why are Hollywood studios permitted to collectively bargain with employees, and what are the limits of this apparent antitrust exemption?

The National Labor Relations Act (NLRA) (together with related federal labor laws and regulations) sets the rules for what level unions are organized at in different industries, through the actions of ...
ohwilleke's user avatar
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13 votes
Accepted

What are some of the legal consequences of hiring full-time employees as independent contractors?

A worker can be a contractor or an employee But what's important is the contract, not what you call them Determining if a contract is an employment contract relies on a multi-factor test used in most ...
Dale M's user avatar
  • 213k
10 votes

What are some of the legal consequences of hiring full-time employees as independent contractors?

If someone is being a full-time employee, they legally are an employee (with all the tax etc. consequences). The fact that the company thinks they are hired "on contract basis" and deems ...
Greendrake's user avatar
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4 votes

Does a company with a branch in Portugal need to recognize years of service from an employee who's worked elsewhere?

"Groups" of companies are not employers; individual companies are You talk as though the company in Portugal and the one in the other unnamed country are the same legal entity - they are not....
Dale M's user avatar
  • 213k
4 votes

Could parents' LLCs be used as a loophole in US federal child labor laws?

I'm wondering if this language would allow parents to have their children work as contractors for a small LLC or something run by their parent Contractors don't work in someone's business, they work ...
littleadv's user avatar
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4 votes
Accepted

Legal advice for problems with a coworker in healthcare which can risk professional licensing

Yes, if John wants to understand his legal risks, rights or remedies, John should talk to a lawyer -- perhaps an employment lawyer or a lawyer who does medical malpractice.
bdb484's user avatar
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3 votes

What is the legal term for someone who performs work in return for money, regardless of whether the man or woman is an employee or contractor?

As far as the language is concerned, the term is worker. But it is not used much in legal context precisely because of its ambiguity, and the ubiquitous need to be clear whether employee or contractor ...
Greendrake's user avatar
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3 votes

Clarification of unpaid breaks and OT

You worked from 11:00am to 06:40pm without breaks. You didn't get breaks, so you have to be paid for 7 hours 40 minutes. The time from 06:40pm to 07:30pm when you were allowed to leave is also not a ...
gnasher729's user avatar
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3 votes

Are "home-rule municipalities" required to abide by minimum wage laws?

In a home rule municipality, can an employer legally pay employees less than the state-level minimum wage? No. The state constitutional language that states: The statutes of the state of Colorado, ...
ohwilleke's user avatar
  • 221k
3 votes

Do labor laws in the US forbid firing striking union members and hiring strikebreakers?

It depends on the nature of the strike. If a strike is "protected" (allowed under the NLRA), you cannot be fired but if the strike is illegal, you can be. If the strike is legal and was at ...
user6726's user avatar
  • 215k
2 votes
Accepted

Is a worker either an employee or independent contractor? Or could they be something else?

In the united-kingdom worker, employee and self-employed are categories of employment status. A contractor can be be self-employed, have the employment status of a worker or the employment status of ...
Lag's user avatar
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2 votes

Legally speaking who is the employer, is it whoever is paying the employee, telling them what to do, who owns the assets they use etc?

germany I am not sure why you have four different points there, maybe because other countries handle it differently. Whoever is listed in your contract as the employer, is the employer. I know, ...
nvoigt's user avatar
  • 8,156
2 votes

Clarification of unpaid breaks and OT

Under current California labor law, you cannot be required to clock out for rest breaks (10 minutes for 3.5-6 hours, 2 10 minute breaks for 6-10 hours). A "break" means that you can't be ...
user6726's user avatar
  • 215k
2 votes

Do labor laws in the US forbid firing striking union members and hiring strikebreakers?

A business cannot unilaterally terminate a collective bargaining agreement (the "Contract"), nor terminate a union's representation of its members. A business may hire non-union employees to ...
Tiger Guy's user avatar
  • 7,139
2 votes

What is the legal term for someone who performs work in return for money, regardless of whether the man or woman is an employee or contractor?

It depends on the context. If this kind of entity is defined in a contract, one could use any term to have the meaning you ask about, like "worker." One could even create a contractually ...
Jen's user avatar
  • 59.7k
2 votes

Do you have to provide evidence you're non-union member if you're claiming wage theft?

In england-and-wales there is nothing in the Employment Rights Act 1996 saying you have to prove or disprove union membership if your employer breaches your Right not to suffer unauthorised deductions ...
user 55905's user avatar
1 vote

What are some of the legal consequences of hiring full-time employees as independent contractors?

united-states Some of the legal consequences Upon further research, I would like to add more about the legal ramifications of miss-classification. Other answers have done a good job of what makes an ...
Neil Meyer's user avatar
  • 5,017
1 vote

Do you have to provide evidence you're non-union member if you're claiming wage theft?

Going to take a leap of faith and assume that your question is referencing union dues because you are asking about being a union member... So this has 2 answers in the USA. And it depends on if you ...
Questor's user avatar
  • 336
1 vote

If you report your employer for wage theft, do you have to provide evidence you hold no shares and therefore FLSA applies?

The Fair Labor Standards Act (FLSA) applies whether or not you own shares in the employer. You don't have to prove that you don't have shares in the employer.
ohwilleke's user avatar
  • 221k

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