Amazon makes a splash and joins the “gig” economy

By: Michael Marr.

Under the name “Amazon Flex“, Amazon has joined Uber and Lyft in the “gig” economy. According to the Amazon website, workers can choose any available 2, 4, and 8 hour blocks of time to work the same day, or set availability for up to 12 hours per day for the future. Like Uber, you can […]


The Joint Employer Doctrine Strikes Again

By: Michael Marr.

In a post last month (Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine), we discussed the July 15th Fourth Circuit opinion of Butler v. Drive Auto. Indus. of Am, which made the joint employment doctrine the law of the Fourth Circuit. The Fourth Circuit adopted a “hybrid” test that embraced both the common […]


Discrimination by Association: It’s Illegal.

By: Michael Marr.

You may have heard of guilt by association before, but what about discrimination by association? Everyone knows that an employer cannot discriminate on the basis of an employee’s disability, but what if the employee has a disabled child? Does the child’s disability affect your hiring and retention decisions of the parent? Yes. The Americans with […]


Independent Contractor or Employee: Do You Pass the “Economic Realities” Test?

By: Michael Marr.

In the first Administrator’s Interpretation issued in more than a year, the Department of Labor has recently weighed in on the debate over the misclassification of employees—a  debate that has been stirred up of late by companies such as Uber, Lyft, and the now closed Homejoy. “Although independent contracting relationships can be advantageous for workers and […]


Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine

By: Michael Marr.

Much to the delight of employees and their counsel, the Fourth Circuit Court of Appeals has expanded the number of potentially liable defendants in Title VII employment discrimination actions. In the July 15, 2015 published decision of Butler v. Drive Auto. Indus. of Am, the Court has joined several other circuits in holding that the […]


Equality Act of 2015 Seeks New Workplace Protections for Sexual Orientation and Gender Identity

By: Chris Mackenzie.

Yesterday, companion bills were introduced into the House and Senate seeking the passage of the Equality Act of 2015, which would prohibit discrimination on the basis of sex, gender identity, and sexual orientation. The Equality Act would impact eight key areas of federal anti-discrimination law which presently do not protect the LGBT community: public accommodations, […]