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Is a Federal “Ban the Box” Law Around th

Is a Federal “Ban the Box” Law Around the Corner?

On September 10, 2015, the Fair Chance Act (the “Act”) was introduced by a bipartisan group of legislators from both houses of Congress. The proposed legislation prohibits federal contractors and agencies from inquiring into an applicant’s criminal history prior to a conditional offer of employment.  The proposed legislation would allow an employer to conduct a […]

Worker Misclassification Legislation See...

Worker Misclassification Legislation Seeks Additional Employer Requirements

On July 29, 2015, Senators Bob Casey (D-PA) and Al Franken (D-MN) introduced the Payroll Fraud Prevention Act of 2015. The Act would significantly amend the Fair Labor Standards Act to require employers to designate employees from non-employee independent contractors and impose additional reporting requirements and substantial penalties for non-compliance. In addition to reporting requirements, […]

The Department of Labor to Help With Emp...

The Department of Labor to Help With Employee Scheduling?

On July 15, 2015, Senator Elizabeth Warren (D. Mass.) and Representative Rosa L. DeLauro (D. Conn.) have introduced the “Schedules that Work Act,” (S.1772 and H.R.3071), which would require employers to consider their employees’ requests for changes to their work schedules. The Act states that employees have a right to more flexible, predictable and stable […]

DOL Provides Critical Interpretation of ...

DOL Provides Critical Interpretation of Independent Contractor Status

On July 15, 2015 the Department of Labor (DOL) issued an Administrator’s Interpretation highlighting the DOL’s position that many workers are misclassified as independent contractors. The Administrator’s Interpretation clarifies the DOL’s view of how to determine if a worker is an employee or an independent contractor. The DOL believes the vast majority of workers should be […]

Restroom Dilemmas

Restroom Dilemmas

There was a time when an employer’s only preoccupation with restrooms was whether the cleaning crew was keeping them stocked with soap, towels, and toilet paper. But now, there is a new reality: federal agencies and LGBT rights groups are contending that transgender employees should be given the right to choose between restrooms having an […]

DOL Unpaid Intern Test Rejected by Secon...

DOL Unpaid Intern Test Rejected by Second Circuit

In 2013, the Department of Labor (DOL) sucked the life out of most unpaid internships when it released a six-part test for determining when an unpaid internship could be deemed legitimate. The test was hard to meet, and many employers stopped offering unpaid internships out of fear the interns would be reclassified as employees.  Additionally, there […]

Eight Steps to Legal Compliance

Eight Steps to Legal Compliance

Employers should consider these eight steps when reviewing your employment law practices. These should be your cornerstones when developing practices within your organizations for legal compliance related issues. Develop a Culture of Compliance: The fabric of your organizational thinking must be woven from the threads of uncompromised obedience to the law. This mindset is developed […]