The Fourth Circuit recently ruled that a general contractor was the joint employer of employees of its subcontractor for purposes of the Fair Labor Standards Act.  Salinas v. Commercial Interiors, Inc. has broad implications for the wage and overtime responsibilities of employers located within the Fourth Circuit, which has jurisdiction over appeals from federal courts located in Maryland, Virginia, North Carolina, South Carolina, and West Virginia.

Continue Reading Fourth Circuit Offers New Test for Joint Employment under FLSA

This morning Punxsutawney Phil told us that we are facing six more weeks of winter.  Great.  We thought it served as a good opportunity to remind employers of the importance of establishing inclement weather policies that are compliant with wage and hour laws for both exempt and non-exempt employees.  Here is a quick, yet helpful, Q&A for your reading pleasure:

Continue Reading The Groundhog Says Six More Weeks of Winter, So Employers Should Remain Mindful of Their Obligations During Inclement Weather

As 2016 came to a close, New York City became the first in the nation to enact a law establishing payment protections and remedies for freelance workers.  On November 16, 2016, Mayor de Blasio signed into law the Freelance Isn’t Free Act, which will go into effect on May 15, 2017.  This new law imposes several significant requirements on freelance work arrangements, which we discuss below.

Continue Reading New York City Enacts Nation’s First Freelance Worker Protection Law

The Second Circuit recently adopted the “Cat’s Paw” theory of liability in Title VII cases.  This was hardly a surprise as other Circuit Courts had done the same after the United States Supreme Court endorsed Cat’s Paw in a USERRA case.  But the Second Circuit went even further, allowing for the use of the Cat’s Paw argument in Title VII retaliation cases and in cases where a non-supervisory employee’s discriminatory actions lead the employer to take an adverse employment action against that employee’s co-worker.  Until now, Cat’s Paw had mostly focused on employer liability based on the actions of misbehaving supervisors in hostile work environment cases.  The decision puts additional pressure on employers to identify and eliminate discriminatory behavior in their workplaces. This post will briefly examine the Cat’s Paw doctrine and explain how the Second Circuit’s expanded its use in Vasquez v. Empress Ambulance Service, Inc., No. 15-3239 (2d Cir. Aug. 29, 2016).

Continue Reading Negligent Employers May Be Held Liable For a Non-Supervisory Employee’s Discriminatory Actions Under “Cat’s Paw” Theory Says Second Circuit

Last week the Federal Trade Commission and the Department of Justice jointly issued guidance to educate companies, and in particular human resource professionals, on how antitrust laws apply in the employment arena, particularly with respect to hiring and compensation matters. Human resource professionals should familiarize themselves with this guidance, which we summarize below, as the DOJ and FTC made it clear that HR professionals may be held individually responsible for certain employment-based antitrust violations.

Continue Reading FTC and DOJ Issue Antitrust Guidance for Human Resource Professionals

The U.S. Equal Employment Opportunity Commission (EEOC) recently entered the Browning-Ferris saga, filing an amicus brief in support of the new joint employer test articulated by the National Labor Relations Board (NLRB) in August 2015.  Drawing comparisons to its own joint employer test, the EEOC urges the D.C. Court of Appeals to uphold the NLRB’s pliable, fact-specific test to determine whether an entity sufficiently controls the terms and conditions of an individual’s employment to be a joint employer.

Continue Reading EEOC Urges Federal Appellate Court to Uphold NLRB’s Expansive Definition of “Joint Employer”

As the workplace becomes increasingly digitized, both employers and employees can benefit from the conveniences technology provides.  Chief among those is the convenience of electronic access to funds, which allows people to bank, pay bills, and transfer money from a computer or mobile device rather than being constrained by the limitations of brick and mortar financial institutions.

In this vein, many employers have taken advantage of new technology that makes life easier for businesses and their employees.  In the realm of wages, electronic payment methods such as payroll debit cards and direct deposit would seem to make life easier.  However, beginning on March 7, 2017, New York employers who use these methods to pay wages must pay even closer attention when doing so.  That’s because last month the New York State Department of Labor issued Regulations imposing various additional written notice and consent requirements on employers who use methods other than cash or check to pay employees.  We summarize those requirements below.

Continue Reading New Rules for New York Employers Who Use Payroll Debit Cards and Direct Deposit

Being connected to not just your friends, but their friends and their friends’ friends (it’s all six degrees of separation, right?) means that it’s become increasingly hard to stay anonymous when using an online dating platform.  Just ask one recent male user of OkCupid who made vulgar and inappropriate comments to a female user.  Her response?  Post the conversation and the man’s profile picture to her Facebook account.  He insulted her, she publicized him.  So far, there are no legal implications.

Her friend, an independent recruiter for tech startups, saw the post and recognized the man’s profile picture.  As it turns out, it was also his LinkedIn profile picture, and he had just applied for a position with one of her clients.  Her response?  Withdraw his application from consideration and tell him to treat women better online.  He insulted her friend, she withdrew his application for employment.  Here is where the criticism started.

The question: Can a recruiter reject a potential applicant based on inappropriate comments made on a dating site?

Continue Reading Inappropriate Social Media Activity Dooms Job Applicant’s Prospects

By Audrey Nguyen and Michael Arnold

California’s governor has signed into law a bill aimed at discouraging discriminatory age hiring practices in the entertainment industry.  The law focuses on internet websites identifying ages, but critics question whether the law is constitutional and if it will have any real impact.

Continue Reading New California Law Will Require Online Entertainment Database Sites to Remove Age-Based Information

The growing prevalence of the Zika virus in the United States has already presented a number of hurdles for employers striving to create a safe and healthy workplace environment for their employees.  These concerns are more immediate than ever.  The recent and continuing outbreak in Florida and the emergence of state-to-state transmission within the U.S. reinforce the need for employers to stay informed of best practices for minimizing workplace health risks without overstepping critical legal boundaries between employer and employee.

Continue Reading Addressing Zika’s Continued Threat to the Workplace