Labor Secretary Nominee Puzder Withdraws from Consideration

By: Brian Muse.

President Trump’s nominee for Secretary of Labor Andrew Puzder has withdrawn from consideration from the position. In a written statement, Mr. Puzder said: I am honored to have been considered by President Donald Trump to lead the Department of Labor and put America’s workers and businesses back on a path to sustainable prosperity. I want […]

 

Victoria Lipnic Appointed Acting EEOC Chair

By: Brian Muse.

The Trump Administration announced the appointment of EEOC Commissioner Victoria Lipnic to serve as acting head of the Agency.  Lipnic, a Republican, has served as a Commissioner since 2010 when she was appointed by President Obama.  Lipnic will replace outgoing Commissioner Jenny Yang as Chair. During her tenure, Lipnic has gained a reputation for working […]

 

The Employment Law Horizon – What does 2017 hold for employers?

By: Brian Muse.

There has been no shortage of prognostication and opinion as to how the new Trump Administration will alter the legal landscape in numerous areas. Here, we look at five ways employers may be impacted as the new Administration begins to put its stamp on federal regulations and agencies that most impact employment law. The Future […]

 

Employment Law Alert: New Overtime Rules Won’t Take Effect on December 1

By: Sands Anderson.

Authors: C. Michael DeCamps, Faith A. Alejandro and Brian G. Muse Yesterday, a Texas federal judge put a halt on the new overtime rules spearheaded by President Obama’s administration that were to take effect on December 1.  Businesses everywhere have gone into overtime to prepare for the new Fair Labor Standards Act (“FLSA”) wage & […]

 

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

By: Bradford King.

Act I:  The Problem Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his twenty-year teaching career was aware of Jason’s weaknesses, but failed to document them as […]

 

Are exotic dancers employees or independent contractors? Fourth Circuit says they are employees

By: Michael Marr.

In May 2016, the Fourth Circuit applied a six-part, economic realities test to determine that two Maryland dance clubs had misclassified their exotic dancers as independent contractors. This case is important for several reasons: understanding the elements of the court’s “economic realities” test;  the application of the court’s “economic realities” test; the legal basis for […]