Collecting Pay Data May Help EEOC Identify Race and Sex Discrimination

The National Academies of Sciences, Engineering, and Medicine (National Academies) recently published a study in which it concluded that collecting pay data can help the U.S. Equal Employment Opportunity Commission (EEOC) prevent and combat race and sex discrimination in American workplaces. Since 1966, EEOC has required employers with 100 or more employees and federal contractors with 50 or more employees to Read More

Bipartisan Legislators Introduce Bill with Some Legal Protections for Gig Workers

A bipartisan group of legislators recently introduced H.R.8442 – Worker Flexibility and Choice Act, a bill allowing businesses to maintain gig workers as independent contractors. The bill also would provide some legal protections for those workers, despite their independent contractor status. As an independent contractor, the worker would receive a 1099 form from the business at the end of the tax year rather than a Read More

DOL Regulations Expand Liability for Financial Advisors Giving Pension Rollover Advice

The U.S. Department of Labor (DOL) began fully enforcing its Prohibited Transaction Exemption 2020-02 as of July 1, 2022. These regulations apply to and expand liability for financial advisors giving clients pension rollover advice. Some aspects of the rule were already in effect. Still, advisors must now provide clients with a mandatory written explanation of why the investment professional or financial institution Read More

KFC Argues to Eleventh Circuit that EEOC Charge Isn’t a “Claim”

The U.S. Court of Appeals for the Eleventh Circuit recently heard arguments in PMTD Restaurants LLC v. Houston Casualty Co., case number 22-11391. PMTD, the owner of a KFC/Taco Bell franchise, argued that a Georgia federal district court erred in defining the word “claim” in its employment practices policy. More specifically, PMTD alleged that an U.S. Equal Employment Opportunity Commission discrimination charge Read More

Eleventh Circuit Rejects Joint Employer Argument in FLSA Case

A three-judge panel has summarily denied a request for rehearing by the plaintiffs in Ramon Valle et al. v. Ceres Environmental Services Inc. et al., case number 21-12020, U.S. Court of Appeals for the Eleventh Circuit. In Valle, six laborers were seeking unpaid overtime and wages under the Fair Labor Standards Act (FLSA) from two environmental response companies stemming from their work during Hurricane Michael. A Read More

Application of WARN Act Complicated by COVID-19 Pandemic

The aftermath of the COVID-19 pandemic is making employer compliance with some federal laws, such as the Worker Adjustment and Retraining Notification (WARN) Act, more complicated. In addition, the rise of the remote workforce also is making compliance more difficult. Court ruling and changes in state laws are contributing to these ongoing issues concerning the WARN Act.  The WARN Act is a federal law that Read More

EEOC Recommends Employers Justify Mandatory Workplace COVID-19 Testing

The Equal Employment Opportunity Commission (EEOC) recently issued guidance about mandatory COVID-19 testing in the workplace. Until now, employers could require worksite COVID-19 testing without assessing current conditions or justifying its necessity. The EEOC stated in its guidance that employers now must perform an individualized assessment of the current state of the COVID-19 pandemic and other circumstances in Read More

Gun Reform: How Employers Can Protect Employees from Workplace Violence

Congress recently passed the Bipartisan Safer Communities Act, or gun reform legislation, that President Biden has now signed into law. Portions of this legislation may help reduce workplace violence that involves domestic abusers who pursue their partners at their workplaces. The gun reform legislation contains a provision that closes what is commonly known as the "boyfriend loophole." Previously, federal law Read More

Unique Legal Issues Posed by Remote Worker Layoffs

Since the beginning of the COVID-19 pandemic, the remote workforce revolution has exploded, leading to many employers hiring remote workers for the first time. As the economy recently has taken a nosedive, employers are increasingly considering layoffs, which may affect many remote workers. Laying off remote workers can present unprecedented legal hazards for employers, including wage and hour issues, severance Read More

Rethinking Approaches to Setting Remote Workers’ Pay

As the remote workforce steadily increases, employers have been forced to rethink their employment policies and practices. When it comes to remote workers, one major issue for employers to consider is how to determine their level of pay.  Historically, employers have had clear compensation rates based on average labor market rates, which often depend on geographical location. Remote workers are not tied to certain Read More