The Impact of the Great Resignation
#WorkforceWednesday: Congress Passes Relief Bill, EEOC's Vaccine Guidance, Return to Work Delayed - Employment Law This Week®
Slamming the door on 2020 and looking ahead to 2021
Dealing with The CARES Act and the Current Status of Offsets in Pennsylvania Workers Compensation
#WorkforceWednesday: COVID-19 Executive Actions, Right-to-Sue Notices, and Liability Shields
Successful Return-to-Work Strategies post-COVID-19
Nota Bene Episode 80: South Korea’s Bellwether on the Pandemic Market Recovery with Paul Kim
Coronavirus Employment Law Update for Contractors (DMV)
Coronavirus Employment Law Update for Contractors (New Jersey)
#WorkforceWednesday: CARES Act, New Paid Leave, Duty to Bargain - Employment Law This Week®
COVID-19 Updates: Arizona Employment Law Issues
#WorkforceWednesday: COVID-19 Pandemic, Election Rules Challenged, EEOC Limits GC’s Authority - Employment Law This Week®
I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination
2017 West Virginia Legislative Update For Employers
Five months ago, we reported about a class action lawsuit against an artificial intelligence (AI) company that engages workers to perform data labeling and content creation and classifies them as independent contractors (ICs)...more
The employment relationship is highly regulated. Dozens of federal, state and local laws set standards for how employers must treat employees and handle employment matters. These laws change frequently and vary significantly...more
In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more
A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the...more
There are two Georgia employment laws effective this summer that employers should be aware of in reviewing their policies. Act 823: Protecting Georgia Businesses and Workers Act - The Protecting Georgia Businesses...more
On August 2, 2022, the New Jersey Supreme Court in East Bay Drywall, LLC. v. Department of Labor and Workforce Development, issued a unanimous opinion holding that workers, hired on a need and availability basis, who used...more
Georgia Governor Brian Kemp has signed into law two measures addressing the employment relationship. The first, Act 809 (H.B. 389), alters the definition of employment for purposes of unemployment benefits. ...more
Seyfarth Synopsis: The final day of the 2020-2021 New Jersey legislative session was January 11, 2022, which meant that by the end of business on January 18, 2022, Governor Murphy was required to sign, veto, comment on, or...more
The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...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 for the past few years—and this past month...more
While you have been primarily focused on COVID-19-related matters since mid-March, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there are...more
Many independent contractors unable to work because of the COVID-19 pandemic could soon receive unprecedented relief from the U.S. Government as a result of the roughly $2 trillion coronavirus aid package that President Trump...more
Strict Independent Contractor Test Applies Retroactively - Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019) - Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4...more
On June 22, New York’s Third Department appellate court – which has jurisdiction over all state Unemployment Division appeals – issued a significant decision for “gig” economy companies with operations in New York. In Matter...more
U.S. Department of Labor Secretary Alexander Acosta made the news again this week due to his remarks on the ever-growing gig economy and the need for increased legislative attention on this topic. As we discussed in an...more
Uber and other ride sharing companies have been at the forefront of the “gig economy” where websites and mobile applications (commonly called “apps”) connect workers to customers who need a temporary service. With the rise of...more
Court Upholds Employer’s Dreadlock Ban Finds Grooming Policy Did Not Violate Title VII of the Civil Rights Act - A federal appellate court recently held that an employer’s policy banning dreadlocks did not constitute...more
The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more
A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more
For anyone following the employee versus independent contractor battles, Uber just scored in Florida. The Florida Department of Economic Opportunity (DEO) says Uber drivers are independent contractors and are not entitled to...more
Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more
The U.S. Department of Labor (DOL) issued guidance today alerting employers that “most workers are employees” under the Fair Labor Standards Act (FLSA), and reminding employers that the correct classification of workers as...more
Uber has not fared well in court battles recently. After losing an unemployment case last month in Florida, it has now just lost an independent contractor misclassification wage case in California. This loss in California...more
The Economic Policy Institute, a respected nonprofit, nonpartisan think tank, has just released a working paper authored by a respected professor who co-authored a number of early academic studies detailing independent...more