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 […]
U.S. Supreme Court Hears Security Screening Wage and Hour Case
On October 8, 2014, the U.S. Supreme Court heard oral argument on a wage and hour case filed by employees of a warehouse business. The business provides storage facilities and order-filling staff for companies that include Amazon. Employees are required to stand in line and undergo a security screening after completing their work shifts and […]
U.S. Supreme Court Rejects Recess Appointments to NLRB
Those who have followed the National Labor Relations Board (“NLRB”) over the past few years may be aware that there was a period of time when the majority of the 5-member Board consisted of “recess appointments” by President Obama. In other words, because Washington gridlock resulted in the President being unable to obtain Senate approval […]
EEOC and US Department of Labor Shutter Their Doors
The Equal Employment Opportunity Commission and U.S. Department of Labor have both announced that virtually all of their functions have temporarily ceased, pending adoption of a budget for FY 2014 by the federal government. Although the EEOC will allow claims to be filed so as to protect claimants from missing filing deadlines, no claims will […]
EEOC Sues Over Criminal Background Checks
In a previous post here, I noted that the Equal Employment Opportunity Commission, or EEOC, had begun to focus on criminal background checks by employers. The thinking is that requiring criminal background checks can constitute illegal discrimination on the basis of race because a higher percentage of African Americans than Caucasians have criminal convictions. Thus, […]
Supreme Court Rules that a Wage & Hour Collective Action Can Be Mooted by an Offer to Pay the Lead Plaintiff in Full
In Genesis Healthcare v. Symczyk, decided April 16, 2013, the U.S. Supreme Court held that a group, or collective, action to recover unpaid wages can be mooted by an employer’s offer to have judgment entered against it for the full amount of the lead plaintiff’s unpaid wages and reasonable attorney’s fees, if the court overseeing […]
