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Employee or independent contractor? The determination has consequences for various “stakeholders.” Unions legally may organize employees, but not independent contractors. Companies must withhold taxes from employee pay; not so with independent contractors, who are responsible for making these payments on their own. The government as a “stakeholder” experiences less “tax […]

On November 17, 2020, the EEOC issued a proposed update to the agency’s guidance on religious discrimination in the workplace, taking account of the “altered legal landscape” in this area since 2008, when the guidance last was updated. The proposed guidance addresses every aspect of the obligations of employers and […]

The U.S. Court of Appeals for the Fourth Circuit recently issued a decision that is remarkable for its focus on the need to balance the prerogative of employers to make decisions about the workplace in the context of accommodating employees with disabilities under the Americans with Disabilities Act. Facts of […]

On July 8, 2020, the United States Supreme Court in a 7-2 decision held that the “ministerial exemption” which prohibits courts from considering employment disputes of certain employees of religiously affiliated organizations, applied to two Catholic school lay teachers. Therefore, their claims of discrimination under the Age Discrimination in Employment […]

The current COVID-19 crisis has had a significant impact on many employees who have had to take leave for COVID-19-related reasons. While the Families First Coronavirus Response Act provides paid leave to certain employees, and some states and local jurisdictions have implemented specific COVID-19 paid leave requirements, in addition to […]

In an effort to keep our clients informed, we have been updating our Frequently Asked Questions document as we receive information from the Department of Labor (“DOL”) and other sources.  We are circulating a link to the updated FAQ, which addresses the poster issued by the DOL on March 25, […]

On Sunday, March 15, 2020, we provided a comprehensive summary of the paid leave and other employment-related provisions of the Families First Coronavirus Response Act, passed overwhelmingly by the U.S. House of Representatives on March 13. This bill makes sweeping changes to an employer’s legal obligations: (1) imposing a paid […]

The first Monday in October begins a new Supreme Court term each year.  For those that follow labor and employment cases, the first Tuesday in October (specifically, October 8, 2019) will be the real “opening day” as the Court has devoted its docket to three cases that will require the […]

On April 23, 2019, a divided U.S. Supreme Court answered a question that had been left open by the Court in 2010: namely, whether an agreement that is ambiguous on the availability of class-wide arbitration could form the basis for an order compelling the arbitration of such claims.  In Lamps […]

eliAs our lead story in this E-Update explained, by federal law, arbitration is given a favorable status.   It is a means to avoid having to defend legal challenges to employment decisions in jury trials (which favor individuals over companies, by-and-large).  Our Top Tip this month explains some essential elements of […]