Category: Employment Law

independent contractor

Was Racetrack Chaplain an Independent Contractor or an Employee?

Recently, the Kentucky Court of Appeals had to decide whether or not a chaplain working for Keeneland Association, Inc., was an independent contractor or an employee. Based on the courts findings, the chaplain could then proceed with a disability discrimination claim against the racecourse.

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USPS

Was Inconsistent Treatment of Asian USPS Worker Discrimination?

As we have previously noted, employees are filing more and more retaliation cases. In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016.

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Workplace Diversity

EEO Trumps Google Employee’s Free Expression

In early August, Google seized national headlines by firing software engineer James Damore for publishing an internal memo in which he argued that women are inherently worse at technology jobs than men for “biological” reasons. In addition to the important societal issues Google’s action implicates, it raises interesting labor and employment law questions about how […]

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Commission

Are Contingencies in Commission Agreements Worth the Paper They’re Written On?

Late last year, the Massachusetts Appeals Court ruled that commissions are “due and payable” under the Massachusetts Wage Act at the time an employee resigns or is terminated, even if the employee might not be eligible to receive the payments under the terms of the company’s commission agreement or plan. (See, Commission Structure Doesn’t Justify […]

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