Department of Labor Spells Out Broad Test of Whether a Worker Is an Employee

Employers are trying to compete and seeking higher profits by cutting costs. Sometimes the costs that are cut are worker salaries, which may be replaced, legitimately or not, by independent contractors. These contractors, if legitimately used to perform work, are not entitled to wages, overtime, work breaks, benefits, workers’ compensation, or unemployment insurance benefits. The […]

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Obama Proposal Could Result in Higher Pay for Some Salaried Workers, But Don’t Hold Your Breath

Minimum Wage

Earlier this month, the federal Department of Labor (DOL) announced a proposed rule that could mean more money for those earning low salaries. The idea is to force employers to choose to raise salaries or pay employees hourly wages and overtime. But the proposal is in the form of a proposed rule concerning enforcement of

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The Rights of Workers in the “Gig Economy,” Part 2

Advice

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The Rights of Workers in the “Gig Economy,” Part 1

Advice

If you currently work or have ever worked as a freelancer, temporary worker, contract worker, or independent contractor, or if you have done side jobs as a source of income, you are or have been a part of the “gig economy.” This blog post and the next will explain the legal implications for you as

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How Not to Quit

Advice, Employment Agreements, Retaliation

Everyone has his or her limit. Maybe you’ve reached yours. Don’t like being treated like a cog in a machine? Is your boss a bully who raises himself up by pulling others down? Maybe you found a better opportunity elsewhere or need to move. Whatever the reason, you need to quit your job. What’s the best

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Seventh Circuit Finds General Contractor Not an Employer in Race Discrimination Case

Advice

Can a plaintiff in an employment discrimination case claim more than one employer? That was the issue the U.S. Court of Appeals for the Seventh Circuit decided earlier this year in a case filed by a construction foreman laid off from his job (Love v. J.P Cullen & Sons). Walter Love argued that a general

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Pregnancy Discrimination: Potential New Rules and EEOC Guidance

Pregnancy Discrimination

Recently, there have been major changes and updates to the law with respect to pregnancy discrimination. In March of this year, the U.S. Supreme Court decided Young v. United Parcel Service, Inc., creating a test for determining whether an employer has provided adequate accommodations for pregnant employees. But while Young was being decided, the U.S.

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Discrimination: How and Why Can It Be Legal?

Advice, Age Discrimination, Family Responsibilities Discrimination, Pregnancy Discrimination

We’ve written many articles and blog posts explaining or discussing illegal discrimination. As a result, it may come as a surprise to some of you that discrimination can sometimes be perfectly legal, even if it’s morally wrong or unfair. But how is this possible? Let’s start by looking at some scenarios. Scenario 1 John works

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What Qualifies As a “Serious Health Condition” Under the FMLA?

Advice, FMLA

Let’s say you are really sick. You believe that due to your illness, you need to take a leave of absence from work. You know that under the Family and Medical Leave Act of 1993 (FMLA), you can take unpaid leave due to an illness, so you ask your boss for time off from work

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This Week in Family Responsibilities Discrimination

Caregiver Discrimination, Family Responsibilities Discrimination, FMLA, Pregnancy Discrimination, Retaliation

In the news and on many people’s minds this week was the Supreme Court’s historic decision in Obergefell v. Hodges, holding that same-sex couples have a fundamental right to marry and striking down bans on same-sex marriage across the country. But how will this decision affect family responsibilities discrimination? We look at this landmark decision

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Tom Spiggle