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. Corporate sexual harassment trainings simply don’t work. A study form the University of Oregon found that, “Without a morally compelling legal core to animate the purpose of the training and provide coherence to the rules, harassment training becomes a hollow exercise in corporate compliance. The experience of attending a standard harassment training eventually…

The Supreme Court heard oral arguments in three cases that may fundamentally shift the workplace, by ruling whether or not employees wronged by their employer can band together and sue on a class action basis. There is a deep divide among courts over mandatory arbitration clauses, especially in the three cases argued today. The cases…

Philip Gordon was quoted in Bloomberg Law today concerning Dell EMC’s $110,000 settlement of discrimination claims brought by a transgender intern who said she was subject to a hostile work environment, denied advancement and retaliated against. Call if you’re having trouble retrieving the article, and we can get you a copy. View Bloomberg Article

After a long battle, pregnant worker protection finally passes. Discrimination law has always protected pregnant workers, but that duty to accommodate pregnancy was narrow, leaving workers without ability to get breaks, to temporarily avoid hazardous positions or to get help with manual labor. Employers may still deny accommodations if the employer would suffer undue hardship,…

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…

The Department of Justice just switched sides, and now supports class action waivers. For the past few years, the DOJ has defended the national Labor Relations Board’s position that class action waivers violated the NLRA and were unenforceable. No more. In a brief filed with the Supreme Court, the DOJ stated that, “After the change…

This morning, the Department of Labor withdrew its guidance on independent contractors and joint employment, a move business groups expect will result in fewer individuals covered by the Fair Labor Standards Act. The guidance was issued under the Obama administration and set forth an economic realities test intended to resolve significant differences in opinions issued…

Great insight into how far companies will go for independent contractor justification: (View Article)

For the grammar nerds in all of us. Congrats to our colleagues, David Webbert and Jeff Young! Great work. View Article