Lionel Schooler

Lionel Schooler

Jackson Walker

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Declaration of (In)Dependence? New Department of Labor Guidelines on Lawful Classification of Workers as Independent Contractors

The United States Department of Labor (DOL) has fired a new salvo in its war on worker misclassification in the form of Administrator's Interpretation 2015-1, which challenges the widespread employer practice of declaring the...more

8/4/2015 - Administrative Interpretation Control Test DOL Economic Realities Test FLSA Independent Contractors Minimum Wage Misclassification Unpaid Overtime Wage and Hour

Accommodating Religious Practices in the Workplace: Time to Check Those Dress Codes

Use of a Dress Code Gone Bad - Employers catering to the public, or relying upon in-person customer contacts to promote their businesses, have frequently established employee "dress codes" to regularize the appearance of...more

6/4/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment Dress Codes EEOC EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII

Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently...more

4/10/2014 - Anti-Harassment Policies Civil Rights Act Corporate Counsel EEOC Employer Liability Issues Employment Policies Harassment Title VII Workplace Bullying

Hot Employment Topics For 2014-Part VI: Employees' Use Of Marijuana

This is the sixth of a seven-part series describing "Hot Employment Topics for 2014." Part VI focuses upon "Use of Marijuana in the Workplace." Recent publicity about the enactment of laws in several states legalizing...more

4/3/2014 - Employer Liability Issues Marijuana

Hot Employment Topics For 2014 Part V: Use Of Arrests And Convictions In The Employment Process

This is the fifth of a seven-part series describing "Hot Employment Topics for 2014." Part V focuses upon "Use of Arrests and Convictions in the Employment Process." One hot topic in 2014 will be the issue of employer...more

4/1/2014 - Arrest Background Checks Ban the Box Convictions Criminal Background Checks EEOC

Hot Employment Topics For 2014 Part II: After The Defense Of Marriage Act? Implications For Employee Benefits

This is the second of a seven-part series describing "Hot Employment Topics for 2014." Part II focuses upon "The Aftermath of the Demise of the Defense of Marriage Act." The United States Supreme Court in 2013 struck...more

3/5/2014 - DOMA Employee Benefits Marriage Same-Sex Marriage SCOTUS US v Windsor

Hot Employment Topics for 2014 - Part I: The New World of Disabilities Discrimination

This is the first of a seven-part series describing "Hot Employment Topics for 2014." Part I focuses upon "The New World of Disabilities Discrimination."...more

2/18/2014 - ADAAA Disability Discrimination SCOTUS

"Boys will be Boys" A Risky Employment Policy

In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more

10/14/2013 - Discrimination EEOC Gender Discrimination Hostile Environment Sexual Harassment Sexual Stereotyping Supervisors Title VII

Supreme Court Decides Important Employment Issues: Who is a "Supervisor" for Assessing Workplace Harassment Claims and What Test...

INTRODUCTION. The U.S. Supreme Court has issued two significant employment decisions: Vance v. Ball State University (addressing the issue of who is properly called a "supervisor" when assessing workplace harassment claims);...more

6/26/2013 - Adverse Employment Action But For Causation Harassment Retaliation SCOTUS Strict Liability Supervisors Title VII Vance v. Ball State University

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