By most objective measurements, the Labor Department’s December 4 jobs report was solid. CNN Money reported that employers added 228,000 jobs in November, while the unemployment rate remained at a 17-year low of 4.1%....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more
12/7/2017
/ Affordable Care Act ,
Appeals ,
Attorney General ,
Decriminalization of Marijuana ,
Electronic Filing ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Workweek ,
Federal Labor Laws ,
Filing Deadlines ,
Fines ,
Gender Discrimination ,
Gig Economy ,
Harassment ,
Independent Contractors ,
IRS ,
Joint Employers ,
LGBTQ ,
Marijuana ,
Misclassification ,
Paid Leave ,
Proposed Legislation ,
Proposed Rules ,
Rest and Meal Break ,
Salary/Wage History ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Tax Penalties ,
Title VII ,
Uber ,
UK ,
Wage and Hour ,
Work Schedules ,
Workplace Illness and Injury Reporting
While you can debate all you want about whether 1988’s Die Hard is a Christmas movie (it is – don’t fight us on this point), you can’t disagree with the fact that the movie depicts one of the all-time most memorable office...more
12/5/2017
/ Best Practices ,
Business Invitees ,
Dress Codes ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Holiday Gifts ,
Holiday Parties ,
Sexual Harassment ,
Voluntary Participation ,
Wine & Alcohol
The federal watchdog agency that oversees federal antidiscrimination law just scored a milestone victory when a judge awarded $55,500 to a telemarketer who alleged to have been forced off the job because of sexual orientation...more
Bad news out of Washington, D.C. late yesterday. Chris Opfer of Bloomberg BNA reports that the current version of the Senate tax reform bill, released yesterday, no longer includes the protection that had initially been...more
While misclassification battles over the status of gig economy workers rage here in the United States, we are by no means the only country grappling with these thorny 21st-century legal issues. On Novemeber 10th, in fact, an...more
11/13/2017
/ Appeals ,
Employee Benefits ,
Gig Economy ,
Holiday Pay ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Ridesharing ,
Uber ,
UK ,
UK Employment Appeal Tribunal
The Oregon state agency charged with enforcing the state’s wage and hour laws has announced the largest civil penalty against an employer in its long history – nearly $277,000. According to the Oregon Bureau of Labor and...more
Reports out of Washington, D.C. indicate that gig economy businesses could be in for an end-of-the-year treat in the form of game-changing legislation. Chris Opfer and Tyrone Richardson of Bloomberg BNA report that Senate...more
If a proposal introduced in the U.S. House of Representatives yesterday were to pass Congress and be signed into law by President Trump, the country’s employers would find themselves facing the first-ever federal paid leave...more
11/6/2017
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Paid Leave ,
Parental Leave ,
Proposed Legislation ,
Safe Harbors ,
State and Local Government ,
Trump Administration ,
Wage and Hour
The latest tool that can be used against employers is now fully operational. The Equal Employment Opportunity Commission’s (EEOC’s) online filing portal, or Public Portal, which was tested in five cities over the past six...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more
11/3/2017
/ Administrative Law Judge (ALJ) ,
Affordable Care Act ,
Appeals ,
Ban the Box ,
Civil Rights Act ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Brown ,
GrubHub ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Independent Contractors ,
Misclassification ,
New Rules ,
NLRB ,
OFCCP ,
Over-Time ,
Parental Leave ,
Preventive Health Care ,
Proposed Rules ,
Restraining Orders ,
Retaliation ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
State Legislatures ,
Tip-Pooling ,
Title VII ,
Transgender ,
Travel Ban ,
Trump Administration ,
Wage and Hour ,
Whistleblowers
Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings...more
After a five-hour closing argument session in a California federal court on Monday, the gig economy is waiting with baited breath and trying to hazard their best guesses about how the judge will rule in the high-stakes Lawson...more
The parties in the Grubhub misclassification case are back in court on Monday, October 30, delivering their final closing arguments to the judge. We’ve written about the trial extensively. To sum it up, though: a former...more
10/27/2017
/ Class Action ,
Delivery Drivers ,
Full-Time Employees ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Misclassification ,
Mobile Apps ,
Part-Time Employees ,
Payment Systems ,
Right to Control ,
Skilled Laborers ,
Supervision ,
Unconscionable Contracts
A terrible horde of mindless creatures takes over civilization, rendering our world virtually unrecognizable and changing everything about it. There’s nothing you can do to stop them. Every day, more and more of them appear....more
Employers who have been keeping up with the National Labor Relations Board’s (NLRB) decisions over the past eight years may be pleasantly shocked to learn that an Administrative Law Judge (ALJ) just upheld an employer’s...more
For the third time this year, a federal district court has blocked a presidential travel ban from taking effect. Judge Derrick K. Watson, from the District of Hawaii, today granted a motion for a temporary restraining order...more
The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme Court decision before proceeding...more
10/10/2017
/ Appeals ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Oral Argument ,
Ridesharing ,
Uber
Attorney General Jeff Sessions formally reversed the federal government’s position on whether transgender workers are covered by Title VII of the Civil Rights Act, informing all U.S. Attorneys and heads of all federal...more
10/9/2017
/ Attorney General ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Job Applicants ,
LGBTQ ,
Policy Memorandums ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration
If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more
10/7/2017
/ Appeals ,
Arbitration Agreements ,
Car Dealerships ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Department of Labor (DOL) ,
Employment Discrimination ,
Employment Litigation ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Freedom of Religion ,
LGBTQ ,
NLRA ,
NLRB ,
Public Accommodation ,
Public Sector Unions ,
Retaliation ,
Same-Sex Marriage ,
SCOTUS ,
Service Advisors ,
Sexual Orientation Discrimination ,
Shop Fee Arrangements ,
Statute of Limitations ,
Title VII ,
Travel Ban ,
Trump Administration ,
Unpaid Overtime ,
Whistleblowers
It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more
10/7/2017
/ Appeals ,
Class Action ,
DACA ,
Dear Colleague Letter ,
Delivery Drivers ,
Department of Labor (DOL) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Gig Economy ,
Google ,
GrubHub ,
Hurricane Irma ,
Janus v AFSCME ,
Misclassification ,
Obama Administration ,
OFCCP ,
Over-Time ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
Public Sector Unions ,
Rescission ,
SCOTUS ,
Secretary of Labor ,
Sexual Assault ,
Shop Fee Arrangements ,
Title IX ,
Travel Ban ,
Trump Administration ,
White-Collar Exemptions
In a move that must have labor unions across the country trembling with fear, the Supreme Court today announced that it will once again take up the issue of whether public sector agency shop fee arrangements are prohibited by...more
The evidentiary phase of the Grubhub misclassification trial ended last week; now the gig economy world waits with baited breath for a final ruling. For those unfamiliar with the situation, this could be the first time the...more
As readers of this blog know, we are right in the midst of one of the most significant legal developments for the gig economy. For the first time, a judge is being asked to definitely decide at trial whether a typical...more
9/13/2017
/ Corporate Counsel ,
Cross Examination ,
Delivery Drivers ,
Employment Litigation ,
Evidence ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Misclassification ,
On-Demand Services ,
Private Attorneys General Act (PAGA)
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more
9/9/2017
/ Affirmative Action ,
Appeals ,
Audio Recording ,
Class Action ,
Classification ,
College Admissions ,
Corporate Counsel ,
Data Breach ,
Department of Justice (DOJ) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gig Economy ,
Green Cards ,
Hardship Distributions ,
Hurricane Harvey ,
Identity Theft ,
Independent Contractors ,
NLRB ,
On-Demand Services ,
Online Platforms ,
Over-Time ,
Pay Data ,
Popular ,
Standing ,
Trump Administration ,
Unions ,
Vetting ,
Wage and Hour ,
Wellness Programs