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
5/10/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
4/18/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
4/18/2018
/ Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Mobile Apps ,
Multi-Factor Test ,
Putative Class Actions ,
Sharing Economy ,
Summary Judgment ,
Transportation Industry ,
Wage and Hour
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
3/6/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
LGBTQ ,
Protected Class ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
3/1/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Vacated ,
Wage and Hour
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
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
2/15/2018
/ Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
On-Demand Services ,
Sharing Economy ,
Uber ,
Wage and Hour
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
12/20/2017
/ Boeing ,
Browning-Ferris Industries of California Inc. ,
Deregulation ,
Employee Handbooks ,
Employment Policies ,
Joint Employers ,
National Security ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Regulatory Oversight ,
Regulatory Reform ,
Section 7 ,
Staffing Agencies ,
Unions
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
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
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
10/27/2016
/ Arbitration ,
Arbitration Agreements ,
Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Final Rules ,
First Amendment ,
Labor Law Violations ,
Pay Transparency ,
Preliminary Injunctions ,
Reporting Requirements ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Wage and Hour
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 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
7/29/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Discrimination ,
Employee Benefits ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Genetic Discrimination ,
GINA ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Discrimination Rules ,
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
5/31/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employee Benefits ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Genetic Discrimination ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HRA ,
Non-Discrimination Rules ,
Wellness Programs
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
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
7/17/2015
/ Army ,
Compliance ,
Construction Industry ,
Department of Labor (DOL) ,
Employee Restrooms ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Gender Discrimination ,
General Duty Clause ,
Hostile Environment ,
LGBTQ ,
OSHA ,
Reasonable Accommodation ,
Sex Discrimination ,
Title VII ,
Transgender ,
Workplace Hazards ,
Workplace Safety
Although the regulations are not final and may change, government contractors should take steps now to prepare for the anticipated final regulations under the Executive Order.
On May 28, the Federal Acquisition...more
6/19/2015
/ Arbitration ,
Civil Rights Act ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
LCA ,
Mediation ,
Migrant Workers ,
OSHA ,
Service Contract Act ,
Sexual Assault ,
Sexual Harassment ,
Subcontractors ,
Title VII ,
Wage and Hour
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
6/15/2015
/ Breach of Contract ,
Class Action ,
Data Breach ,
Data Security ,
Duty of Care ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Safe Harbors ,
Target
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
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
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
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
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
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
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