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Employers Seeking Applicant & Employees’

Employers Seeking Applicant & Employees’ Social Media Information is Risky

Employers are well advised to think twice about asking employees and applicants for their Facebook and other social media information, including passwords. After the media reported on this trend, there was a widespread public debate. Many people were upset and Facebook even made a statement claiming that they may pursue legal action against employers who […]

DOL Issues an Opinion Letter on the Stan...

DOL Issues an Opinion Letter on the Standard to Determine Whether a Worker is an Independent Contractor or Employee

On April 29, 2019, the Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter covering the standard to determine whether a worker is an FLSA-covered employee or an independent contractor. Economic dependence, as evidenced by the following six considerations, is the touchstone of WHD’s analysis. WHD’s opinion letter responds to an inquiry […]

Supreme Court to decide if LGBT Discrimi...

Supreme Court to decide if LGBT Discrimination Prohibited by Title VII

On April 22, 2019, the U.S. Supreme Court said it would hear three cases that address the extent to which Title VII, which bars sex discrimination, protects lesbian, gay, bisexual and transgender (LGBT) individuals based on sexual orientation and gender identity. The 11th U.S. Circuit Court of Appeals ruled in 2018 in Bostock v. Clayton County, Ga., that […]

DOL Proposes Joint Employment Rule Updat...

DOL Proposes Joint Employment Rule Update

The U.S. Department of Labor (DOL) announced a proposed rule to update the Fair Labor Standards Act (FLSA) joint employment regulations on Monday. The rules govern circumstances in which multiple employers can be held responsible for wage and hour violations. The proposal seeks to ensure employers and joint employers better understand their responsibilities to pay at […]