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L. Pelisari.

I work for a staffing vendor and manage major accounts. My accounts are both 3PL facilities and warehouses. I recommend your information to my clients to assist them in making the right decisions and identifying solid resources to help them in educating both their management teams as well as their employees. I have found your information to be extremely helpful to me in helping direct them. Thank you!
Lauri

Refining The Definition of “Employee”

Brishen Rogers

Brishen Rogers

Pro-union law professor and former SEIU organizer Brishen Rogers has penned a treatise for the American Constitution Society suggesting legislative changes to “expand and clarify” the meaning of the term “employment.” His suggestions include:

  1. Redefine employment per the “suffer or permit” test and specify that the “suffer or permit” test defines employment very broadly;
  2. Define workers in certain highly fissured industries as the legal employees of firms who contract with them individually for labor, and/or the joint employees of user firms who obtain their labor through subcontracting or franchising arrangements;
  3. Develop concrete guidance for courts to apply in other industries, or direct an expert agency to do the same; and
  4. Place the burden of proof on the party seeking to avoid employment status and implement other procedural and remedial reforms.

You can download the 10-page brief here.

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