What’s the Independent Contractor Standard Now?

?While the Trump administration’s independent contractor standard under the Fair Labor Standards Act (FLSA) is still in effect, the Biden administration might not be enforcing it, House Republican leaders told the U.S.... Read more »

Lesser Discipline Given to Male Employee Not Enough to Prove Sex Discrimination

?Takeaway: Inconsistencies in corrective action given to employees for similar misconduct may lead to discrimination and retaliation claims. Employers should consider the relevant circumstances of the employee’s actions and how similar issues... Read more »

Should Earbuds Be Allowed in the Workplace?

?In many different types of workplaces, employees wear earbuds or headphones throughout the day. Should employers allow them to? The answer depends on the employer’s industry, as there may be safety concerns... Read more »

Starbucks Workers in New York Try to Disband the Union at Two Stores

?Employees at Starbucks are showing the first signs of weariness with the labor movement, as workers in New York are trying to dissolve the union at two stores. We’ve gathered articles on... Read more »

California Court Examines Unconscionability in Arbitration Agreements

?In yet another chapter of the saga involving California and its treatment of employment arbitration agreements, a California Court of Appeal recently issued two decisions examining the state’s legal standard for determining... Read more »

Attacker’s Mental Illness Does Not Negate Assault Exception for Workers’ Compensation

?Takeaway: Employers can contest workers’ compensation claims for several reasons, many of which depend on the employer’s location and corresponding state law. State laws can vary widely in defining if an injury... Read more »

Florida Will Require Employers to Use E-Verify

?As part of a potentially growing trend, a new law in Florida will require private employers with at least 25 employees to use E-Verify, the digital immigration verification tool, during their onboarding... Read more »

Washington to Bar Employers from Relying Marijuana Use in Hiring Decisions

?The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have nonpsychoactive cannabis metabolites... Read more »

State by State: Salary History Bans and Pay Transparency Laws

Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal... Read more »

Retailer Violated Law by Banning Black Lives Matter Logos

?Fred Meyer Stores, a supermarket chain based in Portland, Ore., illegally disciplined workers for wearing items with the Black Lives Matter logo, a National Labor Relations Board (NLRB) administrative judge recently ruled.... Read more »
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