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Employment Law

More companies are creating diversity & inclusion positions

According to Glassdoor, job openings for diversity, equity and inclusion roles spiked by 55% this summer.

Gig economy classification becomes campaign issue

A California Superior Court judge in August ordered ride-hailing app companies Uber and Lyft to convert drivers in the Golden State from independent contractors to employees in order to comply with AB5, a controversial law that took effect Jan. 1 but so far has not been enforced.

Accommodate pregnancy-related restrictions

Pregnant employees may develop complications that temporarily affect their ability to perform their jobs. Some employers mistakenly believe that because pregnancy and most related complications are transient conditions, pregnant workers don’t qualify for reasonable accommodations under the ADA. Not true!

DOL clarifies employers’ obligation to pay overtime

The Department of Labor has issued a Field Assistance Bulletin which clarifies your duties to nonexempts and your obligation to pay those who work unauthorized overtime.

Is it time to convert remote employees to contractors?

Now that the dust of the pandemic has started to settle, employers are beginning to think longer term. For many, it’s time to explore whether telework should continue and under what conditions. A related question: Should some employees who will continue to work from home be converted to independent contractor status?

Be alert for harassment during virtual conferences

Beware a hidden peril of professional development in the coronavirus era: Online harassment of women participating in virtual seminars and conferences.

OK to ban employee blog linking to your websites

The National Labor Relations Board has ruled that employers can’t forbid employees from posting negative information or opinions about the company on social media. But, the NLRB just decided employers can make workers refrain from linking to official company websites.

Build options into your employment contracts

In reaction to the coronavirus pandemic, some employers have had to make the hard decision to downsize. Depending on the circumstances, that can cause legal headaches.

Bostock covers transgender restroom choice

Bostock v. Clayton County held for the first time that Title VII of the Civil Rights Act prohibits employers from discriminating against employees because of their sexual orientation and transgender status. However, the ruling left uncertain exactly how far the protection goes.

Discipline looming? Expect complaints to be filed

Employees sometimes try to head off a suspected firing by filing internal complaints. They hope their employers will be so afraid of a retaliation claim that they put the termination on hold. It doesn’t always work.