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Description: Employees are increasingly suing multiple companies under a theory of joint employer liability. This is typically the case with employees associated with staffing companies, subcontractors and franchisees. Often, “Exhibit A” to these lawsuits is the written agreement defining the business relationship between the alleged joint employers of the employee, who may be franchisor and franchisee, general contractor and subcontractor, or staffing company and company client. While this written agreement is not dispositive, in most cases it will be a critical document because it provides evidence of the parties’ intent. Accordingly, in this presentation, we will discuss how to draft effective written agreements that can be put into practice to protect your company from joint employer liability.
Information about the presenters:
Annette Idalski is a Shareholder with Chamberlain, Hrdlicka, White, Williams & Aughtry and Beau Howard is an Associate with Chamberlain, Hrdlicka, White, Williams & Aughtry
Ms. Idalski’s Articles and Publications:
· Quoted in, "Suit Attempts to Apply NLRB’s ‘Joint-Employer’ Status to Discrimination Cases," Inside Counsel, February/March 2015
· Co-Author, "Avoiding Joint Employment Liability: The Control Factor,” Inside Counsel, February 27, 2015
· Co-Author, "7 Steps to Drafting Effective Written Agreements to Avoid Joint Employer Liability", Inside Counsel, January 29, 2015
· Co-Author, "The Joint Employment Arrangement: How Changes in the Law Affect Franchisor/Franchisee and Contractor Relationships", Inside Counsel, December 30, 2014
· Quoted in, "Company Wins Big Fee Award from DOL", Texas Lawyer, April 17, 2014
· Quoted in, "Case in Point: How to Sue the Government and Win", Houston Business Journal, April 14, 2014
· Quoted in, "Judge Socks Labor Department With Costs of Failed Lawsuit", The National Law Journal, April 14, 2014
· Quoted in, "Atlanta Labor Lawyer Prevails Over Labor Department", Atlanta Business Chronicle, April 11, 2014
· Quoted in, "Taxing Error, Misclassifying Employees as Independent Contractors Can Prove Costly", The Atlanta Business Chronicle, August 16, 2013
· Co-Author, "Energy Company Wins Against DOL", BIC Magazine, May 1, 2013
· Quoted in, "Regulators Crack Down on Classifying Workers as Contractors", The Wall Street Journal, March 3, 2013
· Quoted in, "Oilfield Services Company Wins Over Government in Legal Labor Battle", The Victoria Advocate, February 19, 2013
· Co-Author, "Should Employers Include Class-action Waivers in Their Arbitration Agreements?", Westlaw Journal Employment, January 10, 2012
· Co-Author, "IRS Gets Class Conscious: Switching to Independent Contractors Draws Scrutiny", American Bar Association Journal, April 2011
· Author, "Employee Versus Independent Contractor: Classification Dilemma", Daily Labor Rep. (BNA) No. 5, January 7, 2011
· Author, "Averting The March Toward Unionization", Law360, February 10, 2009
· Quoted in "Know Your Layoff Rules & Procedures", HR Focus, February 2009
· Co-Author, "Doing Layoffs the Right Way", Workforce Management Online, December 2008
· Columnist, "Managing Your Employees", Craftrends Magazine, 2005-2006
· Contributing Author, How Arbitration Works, Sixth Edition, American Bar Association, 2004
Mr. Howard’s Articles and Publications:
· Co-Author, "7 Steps to Drafting Effective Written Agreements to Avoid Joint Employer Liability", Inside Counsel, January 29, 2015.
· Quoted in "NLRB: Class-Action Waiver Violated NLRA", SHRM's Workplace Law Content, October 28, 2014.
· Dancing with the Big Boys: Georgia Adopts (Most of) the Federal Rules of Evidence, 63 Mercer L. Rev. 1 (2011).
 | | Practice Areas: | | Employment Law | | | Online Media Type: | | Audio | | | Production Date: | | 05/14/2015 12:00 PM EDT | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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| | • | Annette Idalski - Shareholder, Chamberlain, Hrdlicka, White, Williams & Aughtry | | • | Beau Howard - Associate, Chamberlain, Hrdlicka, White, Williams & Aughtry |
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