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Employers, Politics, and Free Speech

With political campaigns well underway, the protection of “free speech” and concerns that regular political discourse could create potential liability are mounting.

Labor Department Faces Blowback After Gig Economy Opinion Letter

According to Bloomberg Law’s weekly “Punching In” column (an absolute must-read each week) that published today, some congressional leaders are not too pleased with the Labor Department after it published an opinion letter a few weeks ago confirming that certain workers for an unnamed gig economy company were properly classified as independent contractors.

6 FAQs on Measles in the Workplace: What Employers Need to Know

On May 17, 2019, the Centers for Disease Control and Prevention (CDC) reported that 880 individual cases of measles had been confirmed in 23 states across the country in 2019. According to the CDC, the current outbreak of measles represents the greatest number of cases reported in the United States since 1994 and since the disease was declared eliminated in 2000.

Employment Law Legends, Episode 1 – Employment Law Reborn: West Coast Hotel v. Parrish

Our new series, Employment Law Legends, examines pivotal employment law cases—from the history behind them to their lasting impact. In the first episode of the series, Paul Rinnan discusses West Coast Hotel v. Parrish, a case that made it possible for the legislature and the courts to regulate the employer-employee relationship in ways never thought possible before.

Salary History Bans: FAQs, Best Practices, and Latest Updates

Laws limiting employers’ inquiries on a prospective employee’s compensation history are on the rise. More and more states and localities are passing these laws and, at the same time, courts are deciding cases on whether prior salary can justify pay differences. In this episode, Lara de Leon discusses the current state of the law and key steps employers can consider to address bans on salary history.

Department of Labor: Workers in Virtual Marketplace Companies Are Independent Contractors

Virtual marketplace companies such as Uber, Lyft, and Handy are receiving a boost in their quest to classify workers as independent contractors. The U.S. Department of Labor issued a new guidance opinion about whether a worker is an employee or an independent contractor. This guidance, issued April 29, 2019, is the first issued during the Trump era. It discusses the hot-button topic of employee versus independent contractor classification involving a virtual marketplace company.

Diversity and Inclusion in Manufacturing: Practical Tips for a Successful Program

In this episode, Bud Bobber and Kimya Johnson discuss practical ways that employers in the manufacturing industry can address diversity and inclusion (D&I) in the workplace. They will cover unique challenges faced by manufacturers, best practices for developing, implementing, and tracking D&I initiatives, and key tenets of successful programs.

Good Step For Gig Companies: Advice Memo From NLRB’s General Counsel Concludes That Uber Drivers Are Contractors

It’s been a roller coaster two weeks for gig economy companies. On April 29, the U.S. Department of Labor handed gig economy companies a nice outcome by issuing an opinion letter confirming that typical gig workers are, indeed, independent contractors. Just days later, the 9th Circuit spoiled the party by saying that the California ABC test should be applied retroactively, opening the door for massive potential exposure against companies with a California presence. And on May 9, gig companies felt the second hit from a one-two punch when California’s Division of Labor Standards Enforcement issued an opinion letter extending the reach of the ABC test.

Don’t Get Burned by These Tricky Workplace Summer Issues

With summer almost here, the days growing longer and thoughts of time at the pool, beach or barbecue with family and friends not too far off, it’s time to make sure you know how to manage and address the summer issues that will arise with your workforce. From time off to interns and seasonal workers to summer dress codes, there is a lot to think about.

DOL Extends Comment Periods for Proposed Joint Employer and Regular Rate Regulations

Citing the interest expressed by “law firms, unions, and advocacy organizations, among others,” the U.S. Department of Labor (DOL) has extended the period for public comment on recently-issued Notices of Proposed Rulemaking (NPRM) regarding amendments to the regulations concerning determination of the “regular rate” of pay under the Fair Labor Standards Act (FLSA) and to amendments clarifying what constitutes a “joint employer” under the Act.
Human Resources ARTICLE INDEX