Employees or Contractors? A Potential Shift in Policy & Its Consequences

On Monday, April 29, 2019, the Labor Department issued an “opinion letter” finding that an unidentified company, with a work force that reportedly cleans residences, are contractors—not employees. Accordingly, the unidentified company will be exempt from offering certain employee protections such as minimum wage, overtime pay, and benefits. This also means that the unidentified company […]

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US Supreme Court Upholds Employment Agreements Forbidding Class Actions and Requiring Individual Arbitration of Employment Disputes

In a 5-4 decision, a sharply divided U.S. Supreme Court today upheld the enforceability of widely used but controversial clauses in employment agreements, which require employees to forgo the possibility of proceeding collectively, and oblige them to resolve any disputes with their employers through individual arbitration. In the case of Epic Systems Corp. v. Lewis, which […]

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EEOC’s Lawsuit to Require a Trucking Company to Allow a Long-Distance Truck Driver to Have an Emotional Support Dog in His Vehicle is Headed Toward a Trial Court Decision in 2018

A pretrial order that sets June 1, 2018 as the deadline for filing summary judgment motions and any challenges to the admissibility of expert witness testimony sets the stage for a court to decide the dispute between the Equal Employment Opportunity Commission (“EEOC”) and trucking company CRST International, Inc. and CRST Expedited, Inc. (“CRST”) over […]

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EEOC’s Suit Against Florida-Based Transportation and Logistics Company May Interest Employers Nationally

The Equal Employment Opportunity Commission (“EEOC”) recently sued CRST International and CRST Expedited (a major trucking and logistics company based in Florida, “CRST”), alleging that it violated the Americans with Disabilities Act (“ADA”) by refusing to retain a truck driver trainee, denying the trainee’s request for permission to be accompanied by a service dog while […]

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Don’t Rob Peter to Pay Paul

When businesses experience financial difficulties, it is very common for them to “rob Peter to pay Paul.” Occasionally, this takes the form of using taxes that have been withheld from employees’ paychecks to pay expenses instead of remitting those funds to the IRS.  Of course, it is well known that even though such obligations are […]

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What Is “Race” Under Title VII’s Prohibition Against Racial Discrimination?

Is race one’s inherited biological and anthropological characteristics? Or, is race one’s cultural traits and social construct? Or, is race merely an idea? To decide whether Title VII’s prohibition against racial discrimination is violated by refusing employment to a candidate who wears dreadlocks, the Eleventh Circuit had to decide what constitutes race.  In EEOC v. […]

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