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As we recently reported, federal Judge Tanya Chutkan of the U.S. District Court for the District of Columbia recently ordered the EEOC to move forward with stalled Obama-era requirements that employers who are required to file annual EEO-1 reports provide certain pay data with those reports. At the time of our last article, it was unclear whether the EEOC would have the tools in place to commence such collections by May 31, 2019, the…
As the Trump administration settles in, those of us who counsel employers have cautioned to “expect the unexpected.” Certainly, the last five weeks have brought a bevy of twists and turns. However, one consistent theme from the new administration has been a tough stance on immigration-related matters. Accordingly, employers must pay close attention to the newly revised Employment Eligibility Verification — which we all refer to more commonly as the I-9 form — that is…
The long and contentious presidential campaign is over.  So, now what?  What does President-elect Trump’s victory mean for employers? To explore this question, Foley and Lardner LLP’s Labor & Employment Practice group hosted a webinar titled “What Will Happen When the Smoke Clears? HR Strategies for 2017 and Beyond” on November 10, 2016.  The team who offered their insights included Foley attorneys Mark Neuberger, Dabney Ware, Jesse Panuccio (who recently joined Foley after…
Until recently, the word “gig” had two common meanings: A live music performance; and A long trident used to hunt swamp-dwelling amphibians However, a noted linguist recently crowned “gig” as the 2015 word of the year for a different reason – the rise of the “gig economy.” Led by popular app based ride-sharing services, this term refers to a patchwork of temporary freelance projects and assignments, as opposed to traditional longer-term or career-oriented work…
Many companies in the technology industry pay workers as “independent contractors” or “1099 workers.” In theory, classifying individuals as independent contractors rather than employees can bestow significant economic benefits on a company. This option may be very attractive to a start-up who may be short on cash to pay salaries and fringe benefits. When independent contractors do the work, your company is not responsible for tax withholdings, is not responsible for workers’ compensation or unemployment…
(Spoiler alert) The 1958 cult classic “The Blob”, starring a 28-year-old Steve McQueen, ends with the villainous mass incapacitated, frozen, and dropped into the Arctic Ocean. It seems that humanity is saved. However, just before the credits roll, the protagonist notes that the blob is not dead, but merely stopped “as long as the Arctic stays cold.” With those prophetic words, the world (along with good taste) was again jeopardized…
What if it looks like someone may need a religious accommodation, but the individual never asks? Does the company still have a duty to accommodate? In a much awaited opinion, the Supreme Court, in an 8-1 decision, determined that “they never asked” does not necessarily let an employer off the hook. Employers subject to Title VII and many state and local laws are required to make reasonable accommodations to an employee’s or applicant’s religious beliefs…
It is that fun time for New Year’s resolutions. Right up there with promises to go to the gym and to try to get along with one’s in-laws, many will make plans to do more volunteer work in 2015. From an employer’s point of view, a worker who willingly agrees to give his or her time and effort to the company without expectation of pay may seem like the perfect belated holiday gift. However, as…
“Help, there is an angry man waving a gun around in the lobby!” These are the kinds of words no employer wants to hear and can make all other concerns seem trivial in comparison. Sadly, the statistics confirm what we regularly see on the cable news networks – workplace violence is one of the most common causes of on-the-job injuries. For example, the last time OSHA conducted a broad survey on the issue, more than half…
What U.S. industry recorded nearly 250,000 work-related injuries and illnesses in 2012, costing employers approximately $2 billion in expenses? If you guessed construction or manufacturing, guess again. According to the Labor Department’s Occupational Safety and Health Administration (OSHA), statistics show that the likelihood of injury or illness resulting in days away from work is higher in hospitals than in construction and manufacturing.…