In April 2012 the EEOC issued guidance on the use of an applicant’s criminal history in making hiring decisions. This guidance has been followed by a rush of “Ban the Box” or “Fair Chance” legislation across the nation. These state and municipal laws prohibit employers from inquiring
Arizona recently passed a law that provides businesses greater certainty with respect to their independent contractors’ employment status. Specifically, it creates a mechanism for independent contractors to acknowledge they are not employees, and have no entitlement to unemployment be
The EEOC recently issued guidance regarding employers' obligations with respect to transgender employees. Key points: “Transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g., the sex listed on their birth certif
On May 18, 2016, President Obama and Department of Labor released the final rule updating overtime regulations. The final rule, which is effective on December 1, 2016, includes the following key provisions: The salary threshold for “white collar” workers will more than double from $45
On May 12, 2016 President Barack Obama signed into law the Defend Trade Secrets Act (“DTSA”). The new law basically does two things of significance: first, it gives Federal District Courts original jurisdiction over trade secret disputes, and second, it provides procedures that will a
The California Labor Commission recently ruled that an Uber driver from San Francisco is an employee of the Company and not an independent contractor because, although Uber did not control her schedule, she performed services integral to Uber’s business and Uber controlled other criti
On March 24, 2015, the Ninth Circuit Court of Appeals held that automobile service advisors – those friendly faces that evaluate your car troubles and recommend services and repairs – are not exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements
On March 25, 2015, the Supreme Court of the United States in Young v. United Parcel Service, Inc. refused to rule in favor for either Plaintiff, Peggy Young, or Defendant, United Parcel Service, Inc. (“UPS”), and instead, vacated the Fourth Circuit’s ruling and remanded the case back
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