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Employment Law

A DEI smackdown: Good intentions vs. the law

02/14/2024
In the blue corner, from the Big D, the former owner of the Dallas Mavericks basketball team and serial entrepreneur Mark Cuban. And in the red corner, hailing from our nation’s capital, EEOC Commissioner Andrea Lucas.

Worried about worker misclassification? Use this form to certify contractor status

02/14/2024
It’s crucial for organizations that use independent contractors to get the classification right. Are they really independent contractors or should they be classified as employees instead? Incorrectly classify a worker and you are sure to face the wrath of an array of federal and state regulators.

Know the ABCs of state worker classification

02/14/2024
The Department of Labor’s employee/contractor rule covers worker classification for the purpose of deciding federal cases. However, states are free to set their own standards, and most do. By far the most common test—often used to determine whether a worker is eligible for unemployment benefits—is what is known as the ABC test.

EEOC discrimination lawsuits jumped sharply in FY 2023

02/12/2024
The EEOC filed 144 lawsuits accusing employers of having a “pattern and practice” of discrimination in fiscal year 2023, a sharp increase from the 97 suits brought in FY 2022.

DOL orders extra helpings of damages against restaurants

02/12/2024
The Depart of Labor is cracking down hard on restaurants that cheat workers out of tips and otherwise fail to pay them properly. On Feb. 7 alone, the DOL announced it had recovered more than $850,000 from eateries in Florida, Hawaii and Oregon.

An old law newly revived: Be alert for Section 1981 suits

02/12/2024
A law written more than 150 years ago has gained new favor among employees suing for discrimination—and by conservative activists who want to shut down corporate diversity initiatives.

Supreme Court eases burden for employees claiming retaliation under SOX

02/09/2024
The U.S. Supreme Court ruled unanimously on Feb. 8 that under the whistleblower protections written into the Sarbanes-Oxley Act, a whistleblower is not required to prove that his employer acted with retaliatory intent when it punished him for reporting that other employees had committed illegal acts.

ADA doesn’t require unlimited leave

02/09/2024
Here’s a powerful reason to require regular attendance as an essential job function: A new federal appeals court decision makes it clear that the ADA’s reasonable accommodations provisions strictly limit time off as a reasonable accommodation when employers can show that a job’s essential functions include showing up for work as scheduled.

Federal contractor? Beware DOL probes of wage-and-hour violations

02/05/2024
Department of Labor investigators are going after federal contractors that cheat employees out of pay and leave—and the DOL is winning. The latest example: On Jan. 29, the DOL announced it had recovered nearly $16 million in back wages and restored more than 24,700 paid sick-leave hours for more than 2,800 employees who worked for 62 contractors and subcontractors.

Docking pay for snow-day absences: When is it legal?

02/04/2024
The snow’s coming down pretty good and an exempt employee calls to say she can’t make it in today because her car is stuck. Can you deduct a full day’s pay from her salary for that missed day? What if she’s non-exempt? What if you close work because of bad weather? Here’s guidance—and a handy flowchart—to help you make the call.