The U.S. Department of Labor (“DOL”) has issued a 15-page briefing addressing the difference between an independent contractor and an employee, signaling an increased focus on misclassification – situations in which someone who should be classified as an employee has been treated as an independent contractor instead. Before discussing the DOL’s briefing, I will review […]
Proposed New Regulations Would Raise Income Threshold for Wage & Hour Exemptions
Federal wage & hour laws require payment of overtime to all employees who (1) work more than 40 hours a week and (2) are not exempt as a result of the type of job they perform. Some of the exemptions are discussed here. The income threshold for the exemptions has been the same for many […]
US Supreme Court Issues New Guidelines on Religious Accommodation at Work
In a unanimous decision, the U.S. Supreme Court has ruled that Abercrombie & Fitch may have discriminated against a job applicant when it rejected the applicant because she wore a hijab (a Muslim head scarf) during her interview. At the time, Abercrombie had a dress code that prohibited employees from wearing hats or other head […]
Implications of U.S. Supreme Court’s Announcement of Constitutional Protections for Same Sex Marriage – Employment Law and Otherwise – Part Two
By now, most Americans have heard that the U.S. Supreme Court has announced constitutional protections for same sex marriage. This means that same sex marriage is legal and protected in all fifty states. But, the resolution of the marriage issue raises a host of new issues. This article addresses just a handful of those issues. […]
Implications of U.S. Supreme Court’s Announcement of Constitutional Protections for Same Sex Marriage – Part One
By now, most Americans have heard that the U.S. Supreme Court has announced constitutional protections for same sex marriage. This means that same sex marriage is legal and protected in all fifty states, on an equal footing with marriages between men and women. But, the resolution of the same sex marriage issue raises a host […]
Federal Legislation Proposed to Ban Noncompetes for Low Wage Workers
A group of senators has proposed a bill that, if passed into law, would bar companies from requiring low wage workers to sign noncompete agreements. The proposed law would bar such an agreement for workers paid $15 or less per hour. Because this is proposed as a federal law, if it were to be adopted […]
