DOL pulls Obama-era guidance on joint employment and independent contractors

The past two years have been busy for the Department of Labor’s Wage and Hour Division. One can directly track a large part of its busy workload to its enlargement of who qualifies as an “employer” under the Fair Labor Standards Act. In 2015, the DOL issued guidance re-defining, and broadening the definition of, who qualifies as an “independent contractor”. And, the following year, the DOL did the same with its definition of “joint employer”.

Alex Acosta, the newly appointed Secretary of Labor, looks to roll back the clock on these interpretations.

Next up on the EEOC’s radar: age discrimination

This year, the Age Discrimination in Employment Act turns 50. Which means the law itself has been protected from age discrimination for a decade (rim shot).

To mark the law’s golden anniversary, the EEOC next week will hold a public meeting, “The ADEA @ 50 - More Relevant Than Ever.” According to the EEOC, “The meeting will explore the state of age discrimination in America today and the challenges it poses for the future.”

R-E-S-P-E-C-T (just a little bit)

I ain’t gonna do you wrong while you’re gone
Ain’t gonna do you wrong ‘cause I don’t wanna
All I’m askin’
Is for a little respect

– Aretha Franklin, “Respect”

Yesterday, my friend and fellow blogger (with whom I tend to agree most of the time), Suzanne Lucas (aka Evil HR Lady), posted an article about which I could not agree more, Why You Should Rarely Fight an Unemployment Claim.

A contrary (and common sense) appellate view on rude employees and the NLRA

It’s been six weeks since I reported on NLRB v. Pier Sixty, in which the 2nd Circuit Court of Appeals held that the National Labor Relations Act protected the profanity-laced Facebook rant of a disgruntled employee. I have hoped that Pier Sixty is an aberration. Thankfully, last week the 1st Circuit came along with a well reasoned contrarian view in a case in which the alleged employee misconduct was much less severe.

WIRTW #464 (the “school’s out…” edition)

One of the elements of my kids’ school that I like most is that the curriculum provides many opportunities for public speaking at every grade level. Each of mine had their separate chance to exhibit their comfort in front of crowd during the last week of school.

The importance of an anti-harassment culture

I came across an interesting article at the Harvard Business Review—The Omissions That Make So Many Sexual Harassment Policies Ineffective. The article starts with a simple question. “If 98% of organizations in the United States have a sexual harassment policy, why does sexual harassment continue to be such a persistent and devastating problem in the American workplace?”

When is a settlement not a settlement? FLSA

When you settle a lawsuit with an employee, you are bargaining for finality. You are paying that employee to resolve all disputes between you, whether asserted or unasserted. You want to be done with that individual forever.

Except that is not always the case.