Beruflich Dokumente
Kultur Dokumente
COMING. NOW THAT ALL OF THE PUNDITS HAVE BEEN PROVEN WRONG AND
FULLY BACK INTO THE BOTTLE. BUT WEVE PUSHED THAT GENIE BACK INTO
CALL TRASH FISH OR BY CATCH. OUR INDUSTRY IS NOT WHAT THE UNIONS
AND BUREAUCRATS ARE TRYING TO CATCH WHEN THEY TRY TO EXPAND THE
THE SAME NET THAT THEY HAVE CAST. THEY LOOK AT US AND SAY OOOH
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WHATS THIS? WE WERE GOING AFTER FRANCHISORS AND STAFFING
HIRING DECISIONS.
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TERMINATE PERSONNEL, BUT BROWNING-FERRIS COULD REJECT ANY
ANY OR NO REASON.
STATUS AND POINTED OUT THAT THERE WERE AT LEAST TWO SITUATIONS
REASSIGNED.
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HOPED THE STAFFING COMPANY WOULD AGREE THAT THIS EMPLOYEE
FERRIS MAY HAVE HAD INPUT INTO, THERE WAS NOTHING OF ANY
SIGNIFICANCE.
UP UNTIL THIS CASE WAS DECIDED BY THE NLRB, THE NLRB HAD HELD
AS I CALL IT PIDDLY.
VIEW OF THE NLRBS AUTHORITY AND OBLIGATIONS, STATED THAT THE NLRB
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THE CHANGING PATTERNS OF INDUSTRIAL LIFE. THE LABOR BOARD STATED
NATIONAL LABOR RELATIONS BOARD DOES NOT HAVE THE POWER TO MAKE
TO HIRE AND FIRE WHICH ARE FOUND IN OUR FLORIDA LICENSING LAW AS
NLRB HELD:
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[W]E WILL NO LONGER REQUIRE THAT A JOINT
MANNER.
EMPLOYER COULD FIGURE ALL THIS OUT WHILE THE NLRB ATTORNEY SAID
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THE PARTIES WOULD RECEIVE FURTHER GUIDANCE IN THE FUTURE. PUT ON
NEW NLRB TEST IS IN LINE WITH EEOCS OWN TEST AND EEOC CONTENDED
THAT THE NLRBS TEST IS NEITHER VAGUE NOR UNWORKABLE. THE EEOC
CONTENDED THAT THE JOINT EMPLOYER TEST SHOULD BE THE SAME UNDER
BOTH THE NATIONAL LABOR RELATIONS ACT AND UNDER TITLE VII. BOTH
EEOC AND THE NLRB WANT TO ABANDON THE DIRECT AND IMMEDIATE
NOW LET ME JUMP AROUND A BIT. YOU MAY REMEMBER THAT I TOLD
YOU LAST YEAR THE DEPARTMENT OF LABOR HAD EARLIER IN THAT YEAR
PUT FORTH THEIR OWN SIMILAR INDIRECT CONTROL TEST THAT THEY
NLRB STATED:
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TO THE EXTENT THAT THE POTENTIAL JOINT
EMPLOYER PERFORMS ADMINISTRATIVE FUNCTIONS
FOR THE EMPLOYEE, SUCH AS HANDLING PAYROLL,
PROVIDING WORKERS COMPENSATION
INSURANCE[ARE] FACTS [WHICH] INDICATE
ECONOMIC DEPENDENCE BY THE EMPLOYEE ON THE
POTENTIAL JOINT EMPLOYER
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WHILE THIS IS A WELCOMED POSITION CHANGE, IT IS NOT SURPRISING.
ISSUE ONCE AND FOR ALL BECAUSE THERE ARE JUDGES AND COURTS THAT
CONTROL TEST AND THEY LIKE IT. AS I SAID AT THE BEGINNING OF THIS
FACTORS.
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[(1)] WHETHER, FORMALLY OR AS A MATTER OF
PRACTICE, THE PUTATIVE JOINT EMPLOYERS JOINTLY
DETERMINE, SHARE, OR ALLOCATE THE POWER TO
DIRECT, CONTROL, OR SUPERVISE THE WORKER,
WHETHER BY DIRECT OR INDIRECT MEANS;
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CONDITIONS OF THE WORKERS EMPLOYMENT
RENDER THE WORKER AN EMPLOYEE AS OPPOSED
TO AN INDEPENDENT CONTRACTOR.
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LEASED EMPLOYEES WORK. THE CLIENT SHALL BE ALLOWED TO
EXERCISE SUCH DIRECTION AND CONTROL AS MAY BE
ALLOCATED TO THE CLIENT, IN WRITING, AND IN CONFORMITY
WITH FLORIDA LAW.
INDUSTRY LEADER A FEW WEEKS AGO WHO SAID JUST BECAUSE YOU ARE
PARANOID DOESNT MEAN YOU ARE NOT RIGHT IN YOUR ASSESSMENT. EACH
ALRIGHT LET ME JUMP BACK TO THE PRESENT. WE HAVE NOT YET HAD
SENATE, WILL JOIN NLRB CHAIRMAN PHILLIP MISCIMARRA AND WILL GIVE THE
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ATTACKING THE NOMINEES AND CERTAIN EMPLOYER ORGANIZATIONS
AT THE SAME TIME, THE AFL-CIO HAS STATED THAT THE NOMINEES
IS TRULY A FINE FIRM, AND YET SHE CALLED LITTLER MENDELSON ONE OF
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HAS TO WAIT FOR A SIMILAR CASE TO REACH THE BOARD IN ORDER FOR THIS
FIRST AND FOREMOST, I HOPE AND BELIEVE THE NLRB WILL GO BACK
CASES THAT HAVE EVOLVED OUT OF THE LUTHERAN HERITAGE CASE WHICH
NLRB NEEDS TO CONCERN ITSELF WITH BIG TICKET ITEMS SUCH AS ILLEGAL
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DISCHARGES, STRIKES AND PICKETING AND NOT GET INO DEALING WITH
HANDBOOK PROVISION.
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ACCESS TO THE EMPLOYERS OWN INTERNAL EMPLOYER OWNED EMAIL
SYSTEMS.
THE WAY YOUR PEO ASSISTS YOUR CLIENTS. IN BANNER HEALTH SYSTEM,
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COWORKERS. SUCH DISCUSSIONS ARE VITAL TO
EMPLOYEES ABILITY TO AID ONE ANOTHER IN
ADDRESSING EMPLOYMENT TERMS AND CONDITIONS
WITH THEIR EMPLOYER
CONTRARY TO THE JUDGE, HOWEVER, WE FIND THAT
THE RESPONDENTS GENERALIZED CONCERN WAS
INSUFFICIENT TO OUTWEIGH EMPLOYEES SECTION 7
RIGHTS. RATHER, IT WAS THE RESPONDENTS
BURDEN TO DEMONSTRATE THAT, IN CONNECTION
WITH A PARTICULAR INVESTIGATION, THERE WAS AN
OBJECTIVELY REASONABLE BASIS FOR SEEKING
CONFIDENTIALITY, SUCH AS WHERE WITNESSES
NEED PROTECTION, EVIDENCE IS IN DANGER OF
BEING DESTROYED, TESTIMONY IS IN DANGER OF
BEING FABRICATED, OR THERE IS A NEED TO
PREVENT A COVER-UP. ACCORDINGLY, WE FIND
THAT THE RESPONDENT, BY MAINTAINING AND
APPLYING A POLICY OF REQUESTING EMPLOYEES
NOT TO DISCUSS ONGOING INVESTIGATIONS OF
EMPLOYEE MISCONDUCT, VIOLATED SECTION 8(a)(1)
OF THE ACT.
YOUVE GOT TO BE KIDDING ME.
COLUMBIA HELD:
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THE PETITION FOR REVIEW AND DENY ENFORCEMENT
JUST SO YOU UNDERSTAND IT, THE BOARD DOESNT CARE WHAT THE
DIFFERENT WAY. FOR THAT REASON, UNTIL THE SUPREME COURT SPEAKS,
THE BOARD CONTINUES TO DO WHAT THE BOARD WANTS TO DO. BUT LISTEN
TO WHAT THE COURT OF APPEALS FOR THE DC CIRCUIT SAID ABOUT THIS
NLRB POLICY:
THAT THE NEW NLRB MAJORITY WILL LIKELY CHANGE. HOWEVER, THE
SUPREME COURT WILL LIKELY RULE ON THIS SUBJECT BEFORE THE NLRB
CHANGES ITS POSITION AND I THINK THEY WILL RULE THAT THE FEDERAL
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ARBITRATION ACT TRUMPS SECTION 7 OF THE NATIONAL LABOR RELATIONS
ACT.
AND THERE ARE VARIOUS OTHER NLRB CASES THAT WILL LIKELY BE
CLIENT WILL BE LIABLE FOR UNPAID PAYROLL TAXES WHEN THE PAYROLL
TAXES ARE NOT PAID BY A PEO. IN THIS MEMO, THE IRS SENIOR COUNSEL
FOR THE NORTHEAST HELD THAT THE CLIENT AND NOT THE PEO WAS THE
COMMON LAW EMPLOYER AND, THEREFORE, EVEN THOUGH THE PEO WAS
THEY STILL HELD THAT THE CLIENT AS THE COMMON LAW EMPLOYER WAS
EMPLOYER? FOR THOSE OF YOU WHO HAVE EVER HEARD OF THE HALL OF
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FAME BASEBALL PITCHER DIZZY DEAN, DIZZY DEAN, IN AN ALL STAR GAME,
GOT HIT WITH A LINE DRIVE ON HIS FOOT. AS A RESULT OF THE INJURY TO
UNDER WHICH THEIR COMPANY WOULD STILL BE LIABLE FOR TAXES EVEN
THOUGH TAX PAYMENTS WERE MADE TO THE PEO, I WOULD HATE TO SEE
YOU GUYS ALTER YOUR DELIVERY, I.E., ALTER YOUR SERVICE AGREEMENTS
IN SUCH A WAY THAT COULD TRY TO PROTECT YOUR CLIENTS WITH REGARD
JOINT EMPLOYERS AND LIABLE FOR ALL SORTS OF EVILS THAT MAY BEFALL
YOUR CLIENTS.
(a) assume responsibility for payment of wages to such individual, without regard
to the receipt or adequacy of payment from the customer for such services,
(b) assume responsibility for reporting, withholding, and paying any applicable
taxes under subtitle c, with respect to such individuals wages, without regard to
the receipt or adequacy of payment from the customer for such services,
(c) assume responsibility for any employee benefits which the service contract
may require the certified professional employer organization to provide, without
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regard to the receipt or adequacy of payment from the customer for such
benefits,
[(d) assume responsibility for recruiting, hiring, and firing workers in addition to
the customers responsibility for recruiting, hiring, and firing workers,]
assume responsibility for recruiting, hiring, and firing workers in addition to the
customers responsibility for recruiting, hiring, and firing workers,
(1) for federal tax purposes (other than the purposes set forth in the
amendments made by this section), or
REST ASSURED THAT WHILE THE FACT THAT YOU ARE A CERTIFIED PEO MAY
TO THE FOLLOWING:
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In accordance with the Small Business Efficiency Act, PEO,
to the extent required by this law, assumes responsibility for
recruiting, hiring, and firing utilized individuals, in addition to
Clients responsibility for recruiting, hiring, and firing utilized
individuals. This assumption of responsibility by PEO in
addition to Clients responsibility on the same subject,
including any similar requirements of state law, is not
expansive in nature and PEOs responsibility is limited to
adding and removing utilized individuals from PEOs payroll,
following such utilized individuals recruitment, hiring and/or
firing by Client, which shall be done by PEO solely in
accordance with Clients instructions to PEO. Additionally,
this provision shall in no manner be indicative of any control
on the part of PEO which would cause any liability to affix to
PEO pursuant to Section 768.098, Florida Statutes, as it is
the intent of the parties that such control shall rest entirely
with Client. Accordingly, notwithstanding this provision, to
the fullest extent allowed pursuant to applicable law, Client
will exercise the assignment of performing such rights and
authority in order to allow Client to exercise sole and
exclusive control over the day-to-day job duties of all utilized
individuals and sole and exclusive control over the
worksite(s) at which, or from which, utilized individuals
perform their services. PEO only reserves and retains such
rights and authority as is required by applicable law.
WHILE I HAVE NO IDEA WHETHER THE IRS WILL ACCEPT THIS LANGUAGE UP
TO NOW THE IRS HAS NOT SHOWN ANY REAL INTEREST IN PEO SERVICE
EVEN FOR THOSE OF YOU WHO ARE NOT GOING TO BECOME SBEA
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GREATER IMPORTANCE THAN EVER BEFORE. CERTAINLY, IF INDIRECT OR
To the extent allowed by law regarding Client: Client shall be entitled to exercise
all rights, and shall be obligated to perform all duties and responsibilities,
otherwise applicable to an employer in an employment relationship; Client shall
retain sufficient direction and control over the workplace and over the utilized
individuals as is necessary to supervise all day-to-day work activities of the
utilized individuals. Additionally, Client and not PEO, shall have the right to
control the manner, means, and details of the work performed by the utilized
individuals. In this regard, authority to change utilized individuals employment
and working conditions, the services provided by utilized individuals, and the
ability to determine utilized individuals rate and method of pay are all the
responsibility of Client. Client shall retain such sufficient direction and control
over the utilized individuals and over the workplace as is necessary to conduct
Client's business, discharge any applicable fiduciary duty that it may have, or
comply with any applicable licensure, regulatory, or statutory requirement of
Client or any utilized individual.
Also to the extent allowed by law: Client shall be responsible for directing,
supervising, training, establishing and maintaining safety at its worksite(s), and
controlling the work of the utilized individuals with respect to the business
activities of Client, including, but not limited to, controlling the manner, means,
and details of the work performed by utilized individuals, setting, changing, and
controlling utilized individuals wages, wage rates, method of pay, hours,
employment and working conditions, and terms and conditions of employment;
Client shall make any and all strategic, operational, and all other business-related
decisions regarding Client's business; Such decisions and related outcomes shall
exclusively be the responsibility of Client and PEO shall bear no responsibility or
liability for any actions or inactions by Client or by any utilized individual;
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Additionally, Client shall have sole and exclusive control over the day-to-day job
duties of all utilized individuals, including the services to be provided by such
utilized individuals and the tools and equipment to be utilized by such utilized
individuals, and PEO shall have no responsibilities with regard to the utilized
individuals' performance of such day-to-day job duties; Furthermore, PEO shall
have no control over the job site at which, or from which, utilized individuals
perform their services; Control over the day-to-day job duties of utilized
individuals and over the job site at which, or from which, utilized individuals
perform their services is solely and exclusively an assignment of Client; Client
expressly absolves PEO of control over the day-to-day job duties of the utilized
individuals and over the job site at which, or from which, utilized individuals
perform their services; Client shall be solely responsible for the quality,
adequacy, and safety of the goods and services produced or sold in Clients
business and Client and not PEO shall be liable for the acts, errors, or omissions
of Client and those of any utilized individual. Client shall have sole and exclusive
control of all matters within the jurisdiction of the United States Occupational
Safety and Health Administration and any applicable state agency.
Responsibilities not an assignment of PEO in this Client Service Agreement, or
by applicable law, shall remain with Client.
SEEN, HOWEVER, THE UNITED STATES COURT OF APPEALS FOR THE FOURTH
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SUPREME COURT WILL REACT TO THE ATTEMPT TO BROADEN THE CONCEPT
OF JOINT EMPLOYMENT.
WITH AN OSHA VIOLATION RESULTING IN DEATH. IN THAT CASE, THE PEO HAD
AND THE JUDGE HAS CONCLUDED THERE IS ENOUGH PRESENT FOR THE
WITHIN THE AMBIT OF A CASE CALLED SULLY MILLER WHERE THE COURT
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BASED ON THE CONTENTION OF THE DISTRICT ATTORNEY THAT AN
THIS WHOLE AREA. SUTA SHOULD NOT BE REPORTED UNDER THE PEOS
AND IF THE DEATH CASE ISNT BAD ENOUGH, THERE IS A MULTI MILLION
ACTION STATE OF CALIFORNIA WAGE CLAIM CASE THAT FLORIDA PEOS ARE
SUTA UNDER THE PEOS ACCOUNT NUMBER BUT ALSO TO REMOVE THOSE
LAST NOVEMBER.
MASTERFUL JOB. THE PLAINTIFFS HAD BEEN SEEKING OVER 100 MILLION
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DOLLARS IN DAMAGES IN A TRAGIC MULTIPLE PERSON DEATH CASE. WHILE I
ARGUED TO THE JUDGE THAT WE WERE NOT A JOINT EMPLOYER, THE JUDGE
DRAFTED THIS TORT REFORM LAW WHICH HOLDS THAT IF A PEO HAS IN ITS
THE LINE AND BECAME A JOINT EMPLOYER. THATS THE GOOD NEWS. THE
MINNESOTA AND NEW YORK. ALL OF THEM ARE TRYING TO PICK THROUGH
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PARAGRAPH, SENTENCE BY SENTENCE, WORD BY WORD AND MAYBE EVEN
SERVICE AGREEMENT SAY WHAT YOU MEAN AND MEAN WHAT YOU SAY.
THE TIME FOR CHANGE HAS COME FIX YOUR SERVICE AGREEMENTS.
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