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Employment Law and Contingent Workers
There are now over 1,000 Professional Employer Organizations in the nation to whom some tens of thousands of companies outsource various human resource functions.
Employer Obligations In Contingent Employment
Courts have held joint employer obligations to exist in contingent employment and leasing arrangements under both federal employment and labor statutes.
Microsoft Ruling: Retroactive Benefits for Contingent Workers
As a result of the 9th Circuit's en banc ruling in the 'Microsoft' case, contingent workers who had agreed to give up benefits should receive them retroactively. Vizcaino v. Microsoft, 94-35770.
Microsoft and Its Freelancers
An 11-judge panel of the 9th Circuit agreed after rehearing with the earlier 3-judge decision, that freelance workers at Microsoft Corp. were common law employees who where improperly excluded from participating in Microsoft's 401(k) and employee stock purchase plans.
Ninth Cir.: Vizcaino v. Microsoft, 94-35770
Three Judge Decision.
Eleven Judge Panel Decision.
Temp Workers May Be Eligible
For Plan Benefits
The recent Microsoft and DuPont decisions demonstrate that courts will look to a plan's terms to determine whether certain workers are eligible.
NLRB To Rule on Unionizing Temporary Workers
The NLRB will soon rule on the potentially groundbreaking issue of whether temporary employees can join labor unions.
Are Independent Contractors Eligible for Employee Plans
On Oct. 3, 1996, the Ninth Circuit, in a 2-1 ruling in Vizcaino v. Microsoft Corp., rendered a decision relating to entitlements for independent contractors under an employer's benefit plans that could have far-reaching implications for many corporations and their staff.
Leased Employees, Under the NLRA
AS EMPLOYERS INCREASINGLY rely on temporary and leased workers, they also face the possibility that the National Labor Relations Board will consider them to have the same direct employer status as the business or agency from which the employees are leased.
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