Articles Posted in department of labor

Aaron Nicodermus quoted Philip Gordon in an article in Bloomberg Law (Bloomberg) about the use of lie detector tests (also known as a polygraph test) in employment. Let us know if you would like a copy of the article. And, of course, if you are asked to take a lie detector test, give us a…

No surprise many workplace experts continue questioning the corporate sexual harassment training effectiveness used across modern corporations. While companies invest millions in compliance training, research indicates that traditional approaches often fail to change employee behavior or reduce misconduct. A widely referenced study from the University of Oregon revealed that without a morally compelling legal foundation,…

The Supreme Court of the United States recently heard oral arguments in three landmark employment cases that may fundamentally determine whether employees can collectively challenge mandatory arbitration agreements on a class action basis. A deep and ongoing Supreme Court class action arbitration divide exists among federal and state courts regarding the legality of mandatory arbitration…

Philip Gordon was quoted in Bloomberg Law regarding Dell’s $110,000 discrimination settlement involving claims filed by a transgender intern. The legal case involved allegations of a hostile work environment, blocked career advancement, and retaliation after complaints were raised. This discussion on Dell discrimination settlement Bloomberg Law quote emphasizes a major issue: although many organizations implement…

After years of legal debate, advocacy, and employment reform pressure, stronger protections for pregnant workers have finally passed, expanding support beyond what traditional discrimination statutes historically offered. While discrimination law has long protected pregnant workers, the duty to accommodate pregnancy was previously interpreted too narrowly by many employers and courts. This left many workers unable…

Medical marijuana has been legal for use by “qualified patients” in Massachusetts since 2012, and has been equivalent to using any other prescription medication since. For the first time, the Massachusetts courts have ruled that “qualified patients” under the Medical Marijuana Act (which does not provide specific disability discrimination rights itself) do indeed have affirmative…

cross the United States, the legal landscape surrounding worker rights to sue collectively has shifted substantially. The federal U.S. Department of Justice (DOJ) now favors the enforceability of class action waivers in employment agreements, reversing its previous long-defended position under the prior presidential administration. Previous DOJ Position and NLRA Enforcement Debate For several years, the…

A significant policy shift occurred this morning as the U.S. Department of Labor (DOL) officially withdrew its prior interpretative guidance on independent contractor classification and joint employment standards. Business and industry organizations expect this decision to reduce the number of workers covered under wage protections guaranteed by the federal Fair Labor Standards Act (FLSA). The…

Leaked Documents Make Clear: Call Them Anything but “Employee” Recent revelations from leaked internal records have provided rare visibility into corporate strategies designed to avoid employee classification. These documents underline a growing national legal battle over employee misclassification, contractor-only labeling, and how far companies will go to justify independent contractor status even when workplace control…

Oxford Comma Decides Court Case in Maine Labor DisputeFor the grammar nerds in all of us, a single punctuation mark recently influenced the outcome of a major workers’ rights decision. The U.S. Court of Appeals for the First Circuit ruled on a Maine labor dispute in which the meaning of overtime protections under state wage…