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Will Employers Cry Mayday This May 1? What You Need To Know About Planned Protest Activities

May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’...more

Sexual Harassment In The News Likely To Lead To Uptick In Claims

Whenever the topic of sexual harassment reaches mainstream media outlets, people are bound to take notice. And when sexual harassment allegations involving a prominent public figure like Bill O’Reilly appear in the headlines...more

Federal Court Provides Roadmap For Misclassification Success – Sort Of

Ruling In Favor Of Independent Contractor Status Provides Boost To Gig Economy - A federal appeals court in New York handed a massive victory to a car service enterprise yesterday, ruling that a group of workers...more

Is This Your New Roadmap To Misclassification Success? Maybe.

This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more

March 2017: The 15 Biggest Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. March 2017 was another month...more

Landmark Appeals Court Ruling Extends Title VII Protections To LGBT Employees

Groundbreaking Decision Could Lead Other Federal Courts To Follow Suit - This week, the 7th Circuit Court of Appeals became the first federal court of appeals in the nation to rule that sexual orientation claims are...more

Gig Economy Portable Benefits Bill Introduced In Washington State

We’ve written before about a proposal in New York that would permit gig companies to pay into a benefit fund for workers allowing them freedom to develop portable benefits; now, Washington state is considering a similar...more

Fight Over Seattle’s Attempt To Unionize On-Demand Economy Reaches Critical Point

If the City of Seattle has its way, your next ride-sharing driver could be part of a first-of-its-kind union. And if on-demand economy companies have their way, the courts will block any such unionization efforts before they...more

Latest Misclassification Settlement Fails To Lyft Sharing Economy Companies

Late last week, a federal court judge in California approved a settlement agreement whereby ride-sharing company Lyft agreed to pay $27 million to approximately 95,000 California drivers who alleged they were misclassified as...more

The Future Rise Of The “Contributor” – Are We Closer To Finding That Elusive Third Category Of Worker?

According to a recent survey by Randstad US, an HR and staffing services company a growing number of workers prefer to be known as “contributors” rather than employees or independent contractors. Reflecting a restlessness in...more

Déjà Vu All Over Again? Federal Court Blocks Trump’s Second Travel Ban

In the most stinging legal rebuke yet to President Trump’s efforts to bar certain immigrants from reaching the country’s shores, a federal judge in Hawaii late Wednesday ordered the president’s second travel ban be...more

The Future Is Now: Robots And Artificial Intelligence In The Workplace

While it may be some time before we commute to work in flying cars or seek a transfer to our company’s lunar outpost, another concept once thought outside the realm of modern reality is now increasingly ordinary in the...more

Uber’s Latest Win Provides Roadmap For Sharing Economy Companies Battling Misclassification

I coauthored an article last week about Uber’s big misclassification victory in a California court. This decision has not (yet) received the national attention it deserves, probably because of the procedural quirks involved...more

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

Uber Court Victory A Win For Sharing Economy Companies Everywhere

A California court quietly granted ride-sharing giant Uber a significant victory last week in the ongoing misclassification battle over whether its drivers are properly classified as independent contractors. Although this...more

Workplace Law Regs On White House Chopping Block

Last week, President Trump signed an executive order requiring every federal agency to establish a “Regulatory Reform Task Force” to eliminate what he considers to be unnecessary and burdensome regulations hampering the...more

Second Time's The Charm? An Employer's Guide To Labor Secretary Nominee Alexander Acosta

After his initial selection of Andrew Puzder was scuttled by staunch opposition from Democrats and worker advocates, President Trump nominated Alexander Acosta to be the country’s next Secretary of Labor. This Cabinet-level...more

What Employers Need To Know About The "Day Without Immigrants" Walkout

Employee walkouts and protests are anticipated across the country on Thursday, February 16, and Friday, February 17, as immigrants and others disappointed by the Trump administration’s position with respect to immigration...more

President's Immigration Ban Remains Blocked

Federal Appeals Court Rejects Government Bid To Reinstate Travel Ban - After hearing an emergency oral argument late Tuesday, the 9th Circuit Court of Appeals agreed with a lower federal court judge and late today upheld...more

Good Things Come To Those Who Wait? Supreme Court Delays Class Waiver Decision Until Next Term

A Full Complement Of SCOTUS Justices Bodes Well For Employers - When the U.S. Supreme Court announced several weeks ago it would settle a dispute about whether employers can use mandatory class action waivers with their...more

White House Reaffirms Protections For Federal Contractor LGBTQ Workers

Earlier today, the White House issued a statement announcing that it would continue to enforce President Obama’s 2014 executive order that protects the rights of the LGBTQ community in the federal contractor workplace. While...more

Will SCOTUS Justice Gorsuch Treat Employers Well? The Magic 8-Ball Says: “Signs Point To Yes”

Late yesterday, President Trump selected Judge Neil Gorsuch to fill the vacant seat on the Supreme Court (SCOTUS) bench. Assuming he is confirmed by the Senate, Justice Gorsuch would occupy a critical position on the Court,...more

Joint Employment Jolt: Federal Appeals Court Creates New And Troubling Standard

In a pair of sure-to-be controversial decisions, the 4th Circuit Court of Appeals created a new and troubling standard to determine whether individuals should be considered “joint employees” of multiple entities. The new...more

No Excuses: “Retroactive Leniency” Is Not An ADA Reasonable Accommodation

3 Things To Know About Favorable Court Decision - A federal appeals court upheld the termination of an employee who tried to blame her misconduct on her disability during the termination meeting itself. The court ruled...more

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