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, […]

 

Hold on to Your Collars: Overtime Changes to White Collar Exemptions are Coming under the Fair Labor Standards Act

By: Nicole Cheuk.

On June 30, 2015, the United States Department of Labor issued the long-anticipated Proposed Rulemaking to update the regulations governing which “white collar workers”— executive, administrative, and professional employees — are entitled to minimum wage and overtime pay pursuant to the Fair Labor Standards Act. If implemented as proposed, early estimates indicate that over 5 […]

 

EEOC Digital Charge Processing – Pilot Program Underway

By: Nicole Cheuk.

The EEOC launched a pilot program, “ACT Digital” on May 6, 2015 in the following EEOC offices: Charlotte, N.C. (that includes Greenville, S.C.; Norfolk, Va.; Raleigh, N.C.; Richmond, V.A.); and San Francisco, C.A. Additionally, the EEOC announced plans to expand the pilot to four more districts by the end of May 2015 and that ACT […]