Tag: Employment law

Can Employees and Independent Contractors Do the Same Work for the Company?

Hiring managers often look for the most economic or efficient way to bring new people on board. Sometimes this means hiring independent contractors, using recruiting firms, or hiring employees directly, and sometimes it means using a mix of these and other options. But what if a candidate specifically requests to be an independent contractor? Or, […]

Offers of Judgment Can Help Shorten Employment Litigation, Reduce Costs

Litigating employment cases can be expensive, time-consuming, and disruptive for employers. Fortunately, a litigation tactic known as an “offer of judgment” can lead to an early resolution of the case and reduce the costs. Obvious as Well as Hidden Costs Employment cases normally involve the filing of various motions, such as requests for discovery (pretrial […]

unions

Vote Count Nears in Closely Watched Amazon Union Campaign

The spotlight is shining on thousands of workers at an Amazon fulfillment center in Alabama as they vote in a closely watched election where the stakes are high for both union and employer interests. More than 5,000 employees of the facility in Bessemer, a Birmingham suburb, are mailing in ballots in an election to decide […]

training

DOL Issues Guidance on Posting Requirements in Remote Work Setting

With more and more employees working remotely because of the COVID-19 outbreak, you may fairly be wondering whether electronic messages or postings on the company’s intranet system will satisfy government requirements to provide notice to employees about their rights. The U.S. Department of Labor (DOL) recently answered the question the way most lawyers do: It […]

Tennessee Court Highlights Importance of Keeping Age Out of Termination Equation

The Tennessee Human Rights Act (THRA) prohibits covered employers from discriminating against employees 40 years old or older because of their age. In a recent case, the Tennessee Court of Appeals provided a reminder that other factors often correlated with age (such as salary or years of service) are distinct from age and may not […]

Employers Urged to Prepare for Tougher Rules on Contractors, Joint Employment

The U.S. Department of Labor’s (DOL) announcement of plans to rescind final rules related to independent contractors and joint employers should put employers on notice that a less employer-friendly day is coming, attorneys who advise employers say. In announcing the effort on March 11, the DOL said the action is needed because the rules weaken […]

#10YearChallenge: How Much of a Difference Has a Decade Made in Employment Law?

Early in 2019, social media feeds, from Instagram to Twitter and Facebook, were filled with “10-Year Challenge” posts. To participate, users posted side-by-side pictures from 2009 and 2019, respectively, with “#10yearchallenge.” Now that 2019 (and this decade) is drawing to a close, the #10yearchallenge is once again gaining traction with celebrities like Reese Witherspoon and […]

Employers, Get Ready for Spike in Biometric Privacy Lawsuits

Since the introduction of biometric authentication technology, the number of employers using it to capture their employees’ biometric data has grown. Some employers require employees to clock in and out of work using their fingerprints. Others rely on facial recognition software and retina scans to accomplish the same. While the technology offers several advantages, you […]

It’s Not Me—It’s You: How to Break Up With Your Employees

Relationships—both personal and professional—can be complicated. Just like first dates, job interviews offer candidates the chance to show a prospective employer the best possible version of themselves: smart, charming, funny, and responsible. As an employer, you ask exploratory questions about a candidate’s background, education, interests, and goals for the future to see if it’s a […]

Top 10 Employment Handbook Mistakes

Although most employers at least have an employment handbook, few companies treat it as a priority item. That’s a shame because a handbook presents a wonderful opportunity to communicate with your workforce about your organization’s philosophy, mission, and culture. Companies like Netflix and Nordstrom have demonstrated that handbooks can be effective without being dry and […]