079 - Labor of Law With Tom Robertson
Navigating the Complex World of Labor Law
“When you get into things with the US department of labor – you don’t have to settle with them, but if you don’t, you run the possibility of litigation.”
Are you an employer trying to understand your obligations under labor law? Or an employee seeking to protect your rights in the workplace? Look no further! In this article, we'll delve into the key concepts of labor law, including the difference between 1099 contractors and W2 employees, common employment predicaments, exempt vs non-exempt individuals, furlough vs reduction in force, and how to fight an unemployment case.
Labor law is a complex and constantly evolving field that governs the relationship between employers and employees. From hiring and firing to wages and benefits, labor law sets out the rules and regulations that must be followed in the workplace. Understanding these laws is crucial for both employers and employees, as it can help prevent disputes and ensure that everyone is treated fairly and in accordance with the law.
In this article, we'll explore some of the key concepts and issues in labor law, including the difference between 1099 contractors and W2 employees, common employment predicaments, exempt vs non-exempt individuals, furlough vs reduction in force, and how to fight an unemployment case. By the end of this article, you'll have a better understanding of your rights and obligations under labor law and be equipped to navigate the complex world of employment.
One of the key distinctions in labor law is the difference between 1099 contractors and W2 employees. 1099 contractors are considered self-employed and are not entitled to the same protections and benefits as W2 employees. They are responsible for their own taxes, insurance, and other expenses, and are not entitled to overtime pay or unemployment benefits.
On the other hand, W2 employees are considered employees of the company they work for and are entitled to the protections and benefits afforded to employees under labor law. This includes minimum wage, overtime pay, unemployment benefits, and the right to form a union.
“1099 is miscellaneous non-wage income. A W2 is someone performing work for us and that is an employee.”
Common employment predicaments:
There are many common predicaments that can arise in the workplace, and it's important for both employers and employees to understand their rights and obligations in these situations. Some common employment predicaments include:
Wrongful termination: If an employee is fired without just cause, they may be able to bring a claim for wrongful termination.
Discrimination: It is illegal for an employer to discriminate against an employee on the basis of their race, religion, gender, national origin, or other protected characteristics.
Harassment: Employers have a responsibility to provide a safe and respectful workplace free from harassment. This includes sexual harassment and other forms of harassment based on protected characteristics.
Wage and hour disputes: Employers are required to pay their employees at least the minimum wage and provide overtime pay when applicable. If an employer fails to do so, an employee may be able to bring a claim for wage and hour violations.
Another key concept in labor law is the distinction between exempt and non-exempt employees. Exempt employees are generally considered to be managerial or professional employees who are not entitled to overtime pay. Non-exempt employees, on the other hand, are entitled to overtime pay for any hours worked over 40 in a week.
In times of economic downturn or restructuring, companies may need to reduce their workforce. There are two main ways that companies can do this: furloughs and reduction in force (RIF).
Furloughs are temporary layoffs that are intended to be for a set period of time. Employees on furlough continue to be considered employees of the company and may be entitled to certain benefits, such as unemployment insurance.
A reduction in force, on the other hand, involves permanent layoffs and the termination of employment. In this case, employees are not considered to be employees of the company and are not entitled to the same benefits as furloughed employees.
If you have been laid off or terminated from your job and are seeking unemployment benefits, you may have to go through a hearing process to determine your eligibility. This can be a complex and intimidating process, but there are steps you can take to improve your chances of winning your case.
“An administrative person is an office or non-manual person who does the general business of the employer, or even the employers. They have discretion and independent judgment in what they do.”
First, it's important to gather all relevant documentation, such as pay stubs, job performance reviews, and any correspondence with your employer. You should also be prepared to explain the circumstances of your layoff or termination and any efforts you made to find new employment.
If you are represented by an attorney, they can help you prepare for your hearing and present your case effectively. It's also a good idea to reach out to any witnesses who can speak to your job performance or the circumstances of your layoff or termination.
Labor law is a complex and constantly evolving field that plays a crucial role in the relationship between employers and employees. By understanding the key concepts and issues in labor law, including the difference between 1099 contractors and W2 employees, common employment predicaments, exempt vs non-exempt individuals, furlough vs reduction in force, and how to fight an unemployment case, you can better protect your rights and fulfill your obligations in the workplace. So, it is always better to stay updated with the labor laws to avoid any legal hassles.
We sat down with employment and labor law attorney, Tom Robertson, to discuss just what exactly you need, as an employer, to make sure your business is protected. From 1099s to W2s, from HR handbook must-haves, to exempt vs non-exempt employees – this episode will be the answer to your inquisitive prayers. Listen now to learn how to prevent future hardships and unnecessary dollars spent in your business by making sure the decisions you make as an employer are the right ones.
Show Notes
Who is Tom Robertson? (3:00)
1099 contractors vs W2. (18:00)
Common employment predicaments. (29:00)
Exempt vs non-exempt individuals. (34:00)
Furlough vs reduction in force. (42:00)
Fighting an unemployment case – y or n. (47:00)
How to implement these changes. (52:00)
Quotable Moments
“1099 is miscellaneous non-wage income. A W2 is someone performing work for us and that is an employee.” – Tom
“When you get into things with the US department of labor – you don’t have to settle with them, but if you don’t, you run the possibility of litigation.” – Tom
“If you don’t know something, go find someone that can help you like an attorney, like Tom Robertson.” – Khalil
“For a salary non-exempt, you’ll still pay overtime. With the salary exempt, we pay them a fixed amount every week.” – Tom
“An administrative person is an office or non-manual person who does the general business of the employer, or even the employers. They have discretion and independent judgment in what they do.” – Tom
“You can’t just say “I’m going to pay you a salary.” There are some tests that are met with a dangerous third-party labor commission that can come in and determine who should have been paid overtime.” – Martin
“Oklahoma is an at-will state. You can fire for any reason or no reason at all, as long as it’s not illegal/discriminatory.” – Tom
“This is a process. Employment law is complex and has a lot of details. There are a lot of things that you cover, but the complexity doesn’t mean you don’t address it, but you can do it one at a time.” – Tom
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