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Employment Law

Beware contractor misclassification when buying labor through third party

02/12/2019
Merely calling someone an independent contractor (or even hiring them though a third party) won’t shield you from overtime liability if the worker should have been classified as an employee.

FMLA can’t be used to create long weekends

02/12/2019
Employees who meet the minimum service and medical requirements are entitled to intermittent FMLA leave. But what if they appear to be abusing their FMLA rights to gain favorable schedules, in the process creating staffing problems for the employer?

Tell bosses: Stifle all age-related comments

02/12/2019
It’s your job to make sure no one in authority makes comments that can be perceived as ageist, sexist, racist or otherwise discriminatory. Ignoring comments won’t make them go away.

School contractor sues, won’t pledge not to boycott Israel

02/12/2019
A speech pathologist who has worked as a contractor for the Pflugerville Independent School District since 2009 is suing the district and Texas Attorney General Ken Paxton, alleging a clause in her contract violates the Constitution.

New FLSA resource from DOL

02/12/2019
The Department of Labor has launched an electronic version of its “Handy Reference Guide to the Fair Labor Standards Act.”

EEO-1 reporting dates delayed

02/12/2019
The partial federal government shut-down has pushed back this year’s launch of EEO-1 Survey reporting until a yet-to-be determined date in early March.

Gig economy: Legal and practical considerations for employers

02/06/2019
As new gig economy options to engage employees emerge, here are seven areas of concern that employers may want to consider.

Failure to grant more leave costs Fresno company $1.75M

02/06/2019
Family HealthCare Network in Fresno will pay $1.75 million to settle charges that its inflexible leave policies discriminated against disabled and pregnant employees.

Defend against misclassification claim by describing exactly how employee did her job

02/06/2019
When it comes to defending against charges that you misclassified an employee, it’s crucial to have details about the actual work the employee performs. Specifics matter.

Sexual harassment doesn’t always have to focus on sexual activity

02/06/2019
An intense focus on sexual activity or sex characteristics isn’t always necessary to prove sexual harassment. As long as the victim can link the behavior she’s calling harassment to her sex in some way, she’s got a case.