Archive for June, 2016

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

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

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 […]