How does one measure the impact of #MeToo at its first anniversary?

It's been one year since the the New York Times reported allegations of sexual misconduct against Harvey Weinstein that started the #MeToo movement. Since, at least 425 prominent people across industries have been publicly accused of sexual misconduct.

The story, however, goes beyond the rich, and the famous, and the powerful. #MeToo has permeated every corner of our culture.

The EEOC just released its preliminary data on its handling of sexual harassment charges for its 2018 fiscal year—October 1, 2017, through September 30, 2018—a year that syncs almost too perfectly with the first year of #MeToo.

Court reminds that economic realities, not corporate formalities, govern independent contractor status

The distinction between independent contractors and employees continues to confound employers.

At issue in Acosta v. Jani-King of Oklahoma (10th Cir. 10/3/18) [pdf] is whether the Department of Labor could continue its FLSA claims on behalf of individuals who provide cleaning services as franchisees of a janitorial company. If the franchisees are independent contractors, then the FLSA does not coverthem. If, however, the company misclassified them as independent contractors, then the DOL has something to litigate.

WIRTW #526 (the “pumpkin” edition)

Pumpkin pie. Pumpkin spice. Pumpkin carving. Pumpkin festivals. Fall is officially the season of the pumpkin.

What are you doing Sunday, October 14? I'll be enjoying the return of Fake ID, as Norah and her bandmates take the stage from 11 – 1 at the Hiram House Camp Pumpkin Festival. They won't be hard to find on the property; just follow the music. Tickets are only $5 and are available here (kids under 12 are free).

Here's what I read this week:

Are you planning to take advantage of the IRS's employer tax credit for paid family and medical leave?

When Congress reformed the tax law earlier this year, one key change that might have flown under your radar is an employer tax credit for paid family and medical leave.

The IRS has a helpful Q&A available here.

EEOC sues Walmart for not hiring a congential amputee

The EEOC has sued Walmart on behalf of a woman who claims the retailer failed to hire her for a stocker job after it learned that she born without a right hand.

The Houston Chronicle has the details:

"I'm going to need every Saturday off; is that gonna be a problem?"

Darrell Patterson had worked in Walgreens' 24/7 call center for six years without incident. He claims Walgreens fired him for skipping an emergency training session held on a Saturday. He's a Seventh-day Adventist, and it's against his religion to work on the Sabbath (from sundown Friday through downs Saturday). Until his firing, they had worked cooperatively to schedule around this religious prohibitions, without incident.

Patterson's religion and Walgreens' scheduling came to a head in 2011, however, when Walgreens asked Patterson to cover an emergency Saturday training session. When he missed the training class, Walgreens fired him.

5 steps to take when an employee sues your company

I've written a lot over the years about best practices to prevent lawsuits by employees.

The fact remains, though, that no matter how good a company's HR practices are, and no matter how proactive a company is with its legal compliance, a certain percentage of terminations and other employment decisions will turn into lawsuits. It's the simple the cost of doing business.