If things remain as they seem and Joe Biden becomes the next President of the United State, then that election change workplace laws. The Trump administration enacted business friendly employment policies that may take a turn now once Biden is in office. According to Biden’s statements, as part of his platform, Biden plans to instill […]
A recent Lex Machina study found that the number of federal employment cases filed in the second and third quarter of 2020 was down. Overall, the filings this year have been lower when compared to the number of filings in 2018 and 2019. Not surprisingly, harassment and discrimination cases showed the biggest decrease, by almost […]
Attorney Blog, Human Resources, Payroll, payroll law
Resolving Retaliation Claims: Wrongful Termination
Employees being able to discuss possible discriminatory events in the workplace is essential in order to attain a positive, efficient workplace environment. Compliance officers and HR specialists are put in place to help mitigate potential issues that employees may experience. However, that was not how things worked in the case of Badgerow v. REJ Properties, where […]
Attorney Blog, Human Resources, Payroll, payroll law, Pennsylvania
Pennsylvania Supreme Court Gives Gig Drivers A Win
Recently, the Pennsylvania Supreme Court ruled that a rideshare driver was legally entitled to unemployment benefits, after ruling that Uber “controlled and directed the performance of the driver’s services as a driver-for-hire” and that the driver was not engaged in an independently established business. This case marks one of the few instances in which a higher court […]
As you are probably aware, due to the overwhelming political coverage, mailers, commercials, etc., election day is quickly approaching. However, even though early voting has already started in the Lone Star State, employees may still need ask for time off to vote. Employers that simply say “no” to their employees might be violating Texas law. […]
Employment Law Blogs, HR in Aggregate, HR News, Human Resources, Payroll, payroll law
New York Paid Sick Leave Law Update
Hey Compliance Warriors! New York State’s new paid sick leave law (“NYSSL”) took effect on September 30, 2020, requiring employers to allow employees to begin accruing paid sick leave benefits immediately. But, when can they begin using the paid leave? Read on… Employees may use their accrued leave under the NYSSL starting January 1, 2021. In […]
1 Comment Attorney Blog, Human Resources, Payroll, payroll law
Non-binary Man Sues Employer for Pregnancy Discrimination
In what is perhaps a first of its kind situation, an Amazon warehouse worker, identifying as male, filed an employment suit against the giant company after allegedly suffering discrimination when he announced to his boss that he is pregnant. The plaintiff, whose suit was removed to the U.S. District Court for the District of New […]
Attorney Blog, Human Resources, Payroll, payroll law
DOL Proposes New Rule For Independent Contractor Classification
On September 22, 2020, the U.S. Department of Labor (“DOL”) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an independent contractor rather than an employee for purposes of the Fair Labor Standards Act (“FLSA”). The proposed rule will make […]
Attorney Blog, Human Resources, Payroll, payroll law
Does the First Day of Fall Bring New Hope for Policyholders in COVID-19 Litigation?
Earlier this year (as you know), thousands of businesses were forced to shut down after mandatory lockdowns were imposed across the county. Expectedly, many of those businesses carried insurance – namely, business interruption insurance. After the lockdowns began, those businesses began submitting claims to their insurance providers for compensation to account for the income that […]
Attorney Blog, Human Resources, Payroll, payroll law
EEOC Clarifies Remote Work Accommodations Under the ADA
On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) released updated guidance stating that businesses will not be required to automatically allow remote work as a reasonable accommodation under the Americans with Disabilities Act (“ADA”) as the threat of COVID-19 dissipates. You may see the guidance here: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws. This guidance applies to those employers covered […]