Jay Glunt

Firm/Organization: Reed Smith LLP

Latest Articles

DOL makes historic, pro-business changes to FLSA joint employer test

January 14, 2020

On January 12, 2020, the U.S. Department of Labor (DOL) issued its final rule updating and revising its interpretation of joint employer status under the Fair Labor Standards Act (FLSA). The new rule simplifies the FLSA joint employer analysis with a four-factor test for determining whether workers are jointly employed by associated businesses or persons. The DOL’s changes are the first meaningful revisions since the department’s interpretive regulation was issued 60 years ago. According to…

Employment Law Watch

Tech industry watchdog challenges AI-driven recruiting practices

By Jay Glunt & Marguerite Goglia

December 3, 2019

As technology continues to rapidly evolve, so do hiring and recruiting practices. A number of start-up companies have emerged in recent years offering employers the ability to use artificial intelligence (AI) to screen job candidates and determine their employability. These AI-driven recruiting practices, such as those that use facial and voice recognition technologies, are touted as a means of lowering recruiting costs and eliminating bias in the hiring process. But there is growing concern that…

Employment Law Watch

Pennsylvania wage rules: Changes on the horizon

By Jay Glunt

November 22, 2019

Shortly after the U.S. Department of Labor’s new overtime rule was finalized, the Pennsylvania Department of Labor and Industry (L&I) followed suit and finalized its own proposed overtime rule. Regulation 12-106 was set to exceed the new federal rule regarding the minimum salary to be paid to employees who are exempt from overtime. The new federal threshold of $684 per week ($35,568 per year) goes into effect on January 1, 2020. Regulation 12-106 would have…

Employment Law Watch

New Opinion Allows Employers to Reject Job Applicants Based on Predicted Future Disabilities

By Jay Glunt & Gavin Carpenter

November 5, 2019

The sci-fi film Minority Report envisions the year 2054, when the U.S. government uses predictive foreknowledge of “precogs” to apprehend criminals before their crimes are ever committed, thereby reducing future harm. More than 15 years after the popular film was made, the Seventh Circuit’s decision in Shell v. Burlington Northern Santa Fe Railway Company arrives at a similar result. The Shell court held that employers do not violate the ADA when they use current predictors…

Employment Law Watch

Is extreme obesity a physical characteristic or a disability?

By Jay Glunt

September 11, 2019

Imagine you are a human resources professional or in-house employment counsel and you learn that an employee in your organization is seeking a job transfer or other accommodation because with a body weight of almost 600 pounds, he is too overweight to do his present job. What do you do? A recent decision from the U.S. Court of Appeals for the Seventh Circuit highlights how courts across the country have interpreted the Americans with Disabilities…

Employment Law Watch

On the eve of Labor Day, a win for business from the NLRB

By Lori Armstrong Halber & Jay Glunt

August 30, 2019

two-attractive-guys-holding-the-us-flag-picture-id1039047910

Today more than ever, U.S. businesses supplement their workforce with independent contractors as a solution to competitive and customer pressures. The use of contractors is entirely legal. But the correct classification of workers as contractors, as opposed to employees, is a complex analysis with frameworks that differ across a variety of governing laws. Employers, therefore, sometimes get this wrong. Recognizing the likelihood that workers are sometimes misclassified as contractors, on August 29, 2019, the National…

Jay Glunt

DOL makes historic, pro-business changes to FLSA joint employer test

Tech industry watchdog challenges AI-driven recruiting practices

Pennsylvania wage rules: Changes on the horizon

New Opinion Allows Employers to Reject Job Applicants Based on Predicted Future Disabilities

Is extreme obesity a physical characteristic or a disability?

On the eve of Labor Day, a win for business from the NLRB

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