News & Analysis as of

August 2014 Monthly Independent Contractor Compliance and Misclassification Update

This month’s headline development are the seismic decisions, issued on August 27, 2014 by the U.S. Court of Appeals for the Ninth Circuit, concluding as a matter of law that FedEx Ground had misclassified over 2,300 drivers...more

Federal Judge Rules Prime Trucking’s Same-Sex Training Policy Violates Federal Law

New Prime's Driver Training Program Discriminates Against Women, EEOC Charged and Court Agrees - ST. LOUIS - A federal judge ruled August 14 that New Prime, Inc., one the nation's largest trucking companies, violated...more

Washington Court of Appeals Holds Independent Contractors Are Protected from Retaliation by the Washington Law Against...

The Washington courts are strict in their interpretation of the classification of individuals as employees versus independent contractors, resulting in many an employer discovering that an “independent contractor” is instead...more

Quirky Question # 238, No Laughing Matter – Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement

Question: My company relies on independent contractors, over whom we don’t exert control. They often joke around with each other. I’m not liable for employment discrimination if I terminate one of them after they...more

No Laughing Matter: Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement after a Complaint about a...

Companies using independent contractors should be aware of increased enforcement efforts from federal and state labor and tax authorities over misclassification of workers under wage and hour and tax laws. In Washington, this...more

Appeals Court Upholds Jury Verdict and All Relief Awarded Against A.C. Widenhouse in EEOC Race Harassment Case

Trucking Company to Pay $243,000 for Subjecting African-American Employees to Racial Slurs and Nooses, Retaliation - WASHINGTON - In the latest of a series of successes in the U.S. Equal Employment Opportunity...more

Five Things Every Arizona Employer Should Know About Medical Marijuana

Subject to certain narrowly drawn exceptions, the Arizona Medical Marijuana Act ("AMMA") prohibits employers from discriminating against individuals who are authorized to use medical marijuana. The principal exception to this...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 34: Religious Dress And Appearance Requires...

A recent survey by the Pew Research Center reports that 58% of Americans say that religion is very important in their lives and 76% of Americans say that prayer is an important part of their daily lives. The survey also...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 27: Discrimination and Harassment Policies...

Before Title VII, employee handbooks were rare and, if they existed, they were small pamphlets explaining intra-office procedures. It wasn’t until the proliferation of lawsuits under Title VII that employers began to craft...more

Winebrenner Transfer Will Pay $42,000 to Settle EEOC Retaliation Lawsuit

Trucking Company Fired Female Driver Because She Complained About Pay Discrimination, Federal Agency Charges - BALTIMORE - Winebrenner Transfer, Inc., a Hagerstown, Md.-based commercial trucking company, will pay...more

Tucson-Area Trucking Company CTI Sued by EEOC For Disability Discrimination

Company Failed to Provide a Reasonable Accommodation to Visually Impaired Employee And Fired Her and Others Because of Their Disabilities, Federal Agency Charges - PHOENIX - CTI, Inc., a Tucson-area regional trucking...more

Two new laws in New Jersey are a balancing act between businesses and employees

New Jersey Governor Chris Christie promised to promote economic activity and job creation. Recent legislative activity illustrates how he is striking the balance between making New Jersey business-friendly and protecting the...more

New Jersey Legislative Summer Round-up: Social Media, Wage Claim Bias Laws Enacted; Misclassification Law Vetoed

New Jersey Governor Chris Christie had a busy summer, signing into law two important employment bills, and vetoing a third. The state’s new social media privacy law affords new protections to employees and applicants...more

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