Brian Noh

Subscribe to all posts by Brian Noh

Labor Department Issues New Rule for Independent Contractor Status

With no clear guidance and different factors being given different weight by different courts, employers have struggled for years with whether workers can be properly classified as independent contractors, rather than employees, under the federal Fair Labor Standards Act. Now, the Department of Labor has issued a new rule  making clear what factors should be applied and how they should … Continue Reading

Traps for the Unwary: Responding When An Employee Quits

You may have been there: a valuable employee angered by some new development, announces “I quit!” and storms out, then shows up for work the next day as though nothing happened. Or a rapidly failing underperformer submits a written resignation, but it’s not effective until 60 days later. What’s an employer to do? Can/should an employer march them out the … Continue Reading

Managing a California Workforce During COVID-19

While some states have moved quickly to re-open for business, California Governor Gavin Newsom has announced a four-stage plan to modify the statewide stay-at-home order, beginning with expanded testing and contact tracing measures, and culminating with the re-opening of live-audience sports, concerts, and other large events. As California employers begin implementing that plan, they must keep California’s unique employment law … Continue Reading

LexBlog