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California Adopts Stricter Test for Independent Contractor Status

On April 30, the California Supreme Court adopted a new and more onerous test (the ABC test) for determining whether individuals are employees or independent contractors. In its decision in Dynamex Operations West, Inc. v....more

Second Circuit Reverses Course and Rules That Title VII Prohibits Sexual Orientation Discrimination

In an en banc decision, the U.S. Court of Appeals for the Second Circuit decided on February 26 that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of sexual orientation. Zarda v....more

Judge Holds UberBLACK Drivers Are Independent Contractors, Not Employees

On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the first judge to grant summary judgment on the issue of whether UberBLACK drivers are employees or independent...more

Circuit Split on Sexual Orientation Discrimination Continues With New Second Circuit Opinion

On February 26, the U.S. Court of Appeals for the Second Circuit joined the Seventh Circuit in holding that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). Zarda v....more

NLRB Flip Flops On Browning Ferris Standard For Joint Employment (Again)

Q. What is the standard for determining whether two companies are joint employers? A. On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial...more

NLRB Takes Back Part of Its Holiday Gift to Employers, Vacating Hy-Brand Decision

On February 26, the National Labor Relations Board (NLRB) decided unanimously to vacate its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) (vacated at 366 NLRB No. 26). ...more

Misclassification Claims Threaten Gig Economy Business

The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more

An Early Holiday Gift to Employers: Newly Constituted NLRB Overturns Two Pro-Employee Decisions

On December 14, the Republican-majority National Labor Relations Board (NLRB) issued two employer-friendly decisions that reversed pro-employee rulings. In each 3-2 decision, the two Democratic members of the NLRB — Mark...more

EEOC Says It Will Not Propose New Regulations for Employer Wellness Programs Until August 2018

As we reported previously, on August 22, the U.S. District Court for the District of Columbia directed the Equal Employment Opportunity Commission (EEOC) to reconsider its regulations on employer wellness programs under the...more

Seasonal Affective Disorder - It Can Be More Than the Winter Blues

As the weather continues to get colder and the days get darker, some people may notice that they feel more tired, experience weight gain, or struggle to get out of bed in the morning. For most, these symptoms begin in the...more

Heart of Fair Pay and Safe Workplaces Final Rule Blocked by Federal Judge

The injunction prevents the government from enforcing the final rule’s provisions on labor law violation disclosures and the restriction on arbitration agreements. Late in the evening of October 24, mere hours before the...more

You Can't Say That! Or Can You? - Discussing Politics at Work

The 2016 presidential election season has been particularly divisive, with candidates trading insults on a regular basis. Naturally, conversations about politics and candidates spill over into the workplace. A recent survey...more

The EEOC's View of Wellness Programs

The EEOC’s regulations allayed many concerns over the permissible level of incentives/penalties, as well as the challenge of dealing with inconsistent requirements under the various laws. Originally published in The HR...more

EEOC Issues Final Rules on Employer Wellness Programs

With the final rules, the EEOC tried to harmonize, to some extent, its new regulations with the existing HIPAA/ACA regulations. On May 17, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued long-awaited...more

Third Circuit Rules that Temporary Worker Assigned by Staffing Agency Can Bring Race Discrimination Claim Against Company Where He...

The Third Circuit’s decision should cause companies to review their relationships with temporary workers, assess the risk of their being viewed as joint employers and, if appropriate, restructure the relationships to minimize...more

OSHA Joins the Growing Support for Transgender Rights in the Workplace

With the increased government scrutiny of transgender issues in the workplace, employers should be careful not to discriminate against transgender employees and to treat them in accordance with their gender...more

Employees Who Suffer Only Economic Losses From a Data Breach Cannot Sustain a Negligence Claim Against Their Employer

Creating a private cause of action in negligence for data breaches could result in the filing each year of possibly hundreds of thousands of lawsuits by persons whose confidential information may be in the hands of third...more

No Smoking = No Vaping?

The days of lighting up at the office are making a comeback in some workplaces, thanks to the growing popularity of electronic cigarettes. According to the Centers for Disease Control, in 2013, one in five adult smokers...more

EEOC Files Its Second Complaint Challenging an Employer’s Wellness Program

Just six weeks after the EEOC sued Orion Energy Systems, Inc. in the United States District Court for the Eastern District of Wisconsin claiming that Orion’s wellness program violates the Americans with Disabilities Act...more

Philadelphia Passes Breastfeeding Act

On September 3, Philadelphia Mayor Michael Nutter signed City Council Bill 130992, amending Philadelphia’s Fair Practices Ordinance and making it illegal “for any employer to fail to reasonably accommodate an individual’s...more

EEOC Issues Guidance on Pregnancy Discrimination

On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) issued its long-anticipated Enforcement Guidance: Pregnancy Discrimination and Related Issues (Guidance). The Guidance is controversial on several fronts....more

President Obama Takes Two Executive Actions Aimed At Promoting Equal Pay For Employees Of Federal Contractors

The White House announced on April 8 that President Obama took two executive actions “to help combat pay discrimination and strengthen enforcement of equal pay laws.” By limiting these actions to federal government...more

Game Changer: NLRB Approves Unionization Of Northwestern University Football Players

On Wednesday, March 26, 2014, the National Labor Relations Board (NLRB) issued a ruling that could potentially change the landscape of college football and other collegiate sports when the Regional Director of the Chicago...more

3/31/2014  /  College Athletes , NLRA , NLRB , Unions

Carrot Or Stick? When Does A Voluntary Wellness Program Become Involuntary?

Employer wellness programs, which are designed to stem rising health care costs by encouraging healthy behaviors among employees, are rising in popularity. Such programs will receive another boost when certain provisions of...more

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