| LABOR UNDER FIRE [email protected] |
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| Full-Time, Part-Time, Contingent, Temporary, Labor Day Employment |
| Labor Under Fire does not give any form of legal advice but is offered as a means for an employee and/or employer to research labor problems present to a considered legal action. Labor Under Fire advises all employee's to contact a Labor lawyer, to obtain legal advise and/or guidance for any labor problems. Labor Under Fire conceders the employer to already to have an attorney on retainer. |
| Tims Missouri Employment Law By Attorney Tim Willoughby http://www.timslaw.com |
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| WHATS UP MAGAZINE IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED whatsupstl.com |
| ************************************************* How the following stories and articles rate by LUF: * A must read for the employee easy to understand and read ** Helpful but weak, needs something else to pull it together *** Lawyer level, the employee will have to reread to follow **** Puts you to sleep, dry boring little help to every day needs ***** Time to go to college, only way to read and understand ************************************************* |
| "It is not a matter of right or wrong, it is not a matter of moral or immoral but a matter of manipulation". Feb. 11, 2003 By Anthony M. Streckfuss |
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| Contingent Workers and Coverage Under the Fair Labor Standards Act September 16, 1999 By Catherine K. Ruskelshaus National Employment Law Project United States industries and business owners are fashioning newer and more complex business arrangements in order to compete in the global economy, where increased movement of capital and labor across borders brings new pressure on U.S. businesses to survive at any cost. Tactics such as subcontracting, out-sourcing, using temporary and other staffing firms, and other forms of reconfiguring their workforce have allowed some firms to enjoy short-term competitive advantages. Examples abound. The recent strike by the United Parcel Service (UPS) workers around their treatment as "permanent" temporary employees, the landmark case brought by the misclassified "independent contractor" computer programmers at Microsoft, and the walk-out and strike at Bell Atlantic and General Motors where the companies out-sourced to non-union subsidiaries and threatened to contract-out the work at the strike-bound parts plants, respectively, are but four high-profile examples. Other examples, while receiving less media attention, are no less compelling in the stories they evoke, and include chicken catchers working for a national chicken processing company on the Eastern shore of Maryland that claims the workers are not its employees; home care workers employed by large state and local-funded agencies across the country that fail to pay the workers overtime, and so-called "independent contractor" taxi drivers working for fleet owners in New York City for less than the minimum wage. NartionalEmploymentLawProject |
| Survey of State Day Labor Legislation By National Employment Law Project (A word from LUF: This section was not a part of the article but was added by Labor Under Fire so to give the reader and understanding of what is in this paper. NELP has researched the different state labor laws with regard to temporary labor agencies and how those states provide protection for the day laborer or temporary employees being rented, leased and or loaned to a third party who is the recipient of the laborers work and pays the temporary agencies for the work performed. For father information please contact NELP or your locale legislators for more information pertaining to your location.) Arizona A.R.S. 23-551 et. seq. Entities covered and/or defined A.R.S. 24-551 "Day labor " means labor or employment that is under contract between a day labor service agency and a third party employer, that is occasional or irregular and that is for a limited time period. "Day laborer" means an individual who contracts with a day labor employment with a day labor service agency. "Third party employer" means a person that contracts with a day labor service agency for the employment of day laborers. Form of Payment A.R.S. 24-553 Day labor service agency shall pay in commonly negotiable instruments payable in cash, on demand at a financial institution. Transportation 448.24 Labor pool insure any motor vehicle owned or operated by the labor hall and used for transportation of workers. Itemized Statements A.R.S. 24-553 At time of payment, the day labor service agency shall provide each day laborer with an itemized statement showing each deductions made from wages. Labor pool must provide worker with an annual earnings summary within reasonable time period after the end of the preceding calendar year, but no later than February 1 after the end of the preceding calendar year. No Waiver of Rights 448.24 Labor pools is prohibited from asking or requiring any day laborer to waive the protections of this section. Facilities 448.24 Labor hall must provide: restrooms, drinking water and sufficient sea[t]ting. Restrictions on Permanent Employment 448.24 Labor pools are prohibited form restricting the right of a day laborer or third party employer form accepting or offering permanent employment. A labor pool may receive a reasonable placement fee from the third party user. Enforcement 448.25 Aggrieved workers have a private right of action against the labor pool. Worker is entitled to recover actual and consequential damages, or $1,000 whichever is greater, for each violation, and cost. Remedies under this section are not exclusive and do not preclude the worker from pursuing any other remedy at law or equity. NationalEmploymentLawProject |
| TEMPING AND THE LAW *************************************************** Temping: Better know as temporary employmentand/or labor. Generally performed for one employer and being played by another employer other wise know as co-employers. (Definition by LUF) |
| Beware the Legal Risks of Hiring Temps By Robert J. Bohner Jr. & Elizabeth R. Salasko When it comes to permanent hiring, the fall of 2002 will be a cool season at best. Of 16,000 employers surveyed by Manpower Inc., only 24 percent expert to hire more people before the end of the year. HotLegalTopics |
| Revitalizing Workers' Rights Increased economic completion and a concern over economic performance among industrialized economies appear to have resulted in developments which make the realization of greater employee participation in management more difficult to achieve. Workplace Democracy |
| Temporary Labor Camps: OSHA Standard 1910.142 Florida agriculture, including forestry and seafood, made an annual economic impact of $53 billion in 1998. More than 81,000 people work on the 40,000 farms in the state, and more than 50,000 are employed in other activities related to agriculture. The state's agricultural enterprises range from large citrus, vegetable and cattle operations to small family-operated farms. TempLaborCamps |
| Revitalizing Workers' Rights Increased economic completion and a concern over economic performance among industrialized economies appear to have resulted in developments which make the realization of greater employee participation in management more difficult to achieve. WorkplaceDemocracy |
| "Employees of Labor Contractors" By Ralph S. Curtis It seems that employers are constantly bombarded with laws and regulations that relate to their relationship with their employees. There are minimum wage requirements, record-keeping requirements, and safety and insurance requirements, among many others. Employeesoflabor |
| Independent Contractor, Contract Labor, or Employee - Who's Who Under The Fair Labor Standards Act? By Brian Farrington Not everyone who does work for another is an "employee ". When General Motors or Exxon engage the services of lawyers or accountants or security guard companies, or for that matter, when John or Jane Doe the householder hire the neighborhood kid to mow the law, the providers of these services are independent contractors. On the other hand, we know that General Motors and Exxon have many thousands of "employees", and John and Jane Doe can employ a nanny or a housekeeper. The responsibilities of an employer to its employees are very different than those of one business to another, and that distinction is the one we are referring to when we talk about "independent contractors" or "contract labor ". A true independent contractor is separate and distinct business. An employee is something else. The question we will explore is the difference between an employee and a separate and distinct business -- in other words, what is and employment relationship? PayrollConnect |
| Day Laborers' Rights Under Federal Law: Waiting Time and Deductions Form Wages "Day laborers" are people employed on a temporary, day-to-day basis, normally working in construction, light manufacturing, landscaping and other similar jobs. Day laborers find work either through a temporary day labor agency (or labor hall) or by waiting on a designated street for an employer to arrive and hire workers as needed. Workers often do not know from day to day whether they will get work. Problems for day laborers stem from a number of factors including: Employers wishing to minimize cost and increase flexibility One "employer" (the day labor agent) hiring and paying the worker and another "employer" (at the work site) directing the work Lack of union representation Workers immigration status and lack of work authorization NationalEmploymentLawProject |
| Day Labor Fairness and Protection Act Day laborers are frequently unpaid, required to perform hazardous work and confront a higher incidence of workplace injuries and fatalities. The Day Labor Fairness and Protection Act would address the particular vulnerability of day laborers, to guard against the diminishment of all workers' rights, and to ensure that bad employers do not have a competitive advantage. NationsDayLaborerOrganizingNetwork |
| Who Wants Worker's Comp? By Constance Parten Employees covered under traditional worker' comp waive their right to sue for on-the-job injuries. Two Amarillo court cases extend the waiver to non-subscriber companies. Could this change the worker' comp system in Texas? Insurers are watching with interest a pair of cases in Amarillo's Seventh Court of Appeals in which the judge determined that employers who don't provide workers' comp coverage can still require employees to waive their right to sue over on-the-job injuries. InjuredWorker.org |
| Retaliation - The Suit of Choice By Robert E. Bettac April 2001 It is no surprise that most claims alleging discrimination because of sex, race, etc. are unsuccessful. Experienced labor practitioners know, however, that this may not be the end of the matter. The complainant's status was often already shaky when the charge was brought. In the aftermath of the charge, the employee's apathy about his job and management's impatience with less-than-exemplary performance can lead to further problems. If management resolves to accelerate the employee's departure, it may find that it has transformed the unmeritorious claim into a risk of serious liability. Akin,Gump,Strauss,Hauer& Feld |
| Employment and Labor Protections for day Laborers NationalEmploymentLawProject |
| Summary of the Day Labor Fairness and Protection Act March 2003 State and local members of the National Day Labor Organizing Network have identified the most pressing issues confronting day laborers and offered solutions to secure workplace justice of day laborers. The National Employment Law Project is assisting the Network of drafting The Day Labor Fairness and Protection Act (the Act). This document summarizes the provisions of the Act. The Act has not been introduced at this time. Currently, the Network is working with Representative Luis Guktierrez (D-Ill) to have the Act proposed as the first Federal Law to protect and expand the workplace rights of street corner day laborers and other temporary workers. NationalDayLaborOrganizingNetwork |