DOL to employers: 'Most' Independent Contractors Are Unlawfully Misclassified, and We Are Ready to Prosecute Violators Shared from JD Supra The United States Department of Labor (DOL) has just issued its first “Administrator’s Interpretation” of 2015 (“Memo”).
Although the Memo’s stated purpose is to “be helpful” for employers – ostensibly by providing them with “guidance” on the standards federal courts use to assess if a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA) – the Memo reads more like a plaintiff-side summary judgment brief than any neutral presentation of federal law. The one-sidedness of the Memo notwithstanding, employers would be wise to give it serious attention. Its messages are both strong and clear: Click to continue reading
Apple store employees suing because of "demeaning bag searches." Shared from Newsweek.com Apple Store employees who sued Apple Inc over bag searches at the iPhone maker's 52 brick and mortar outlets in California had their case certified as a class-action by a federal judge on Thursday. The ruling, from U.S. District Judge William Alsup in San Francisco, is part of a 2013 lawsuit alleging Apple should compensate thousands of store employees for the time taken to search their bags to ensure they did not steal any merchandise. Click to continue reading
OAJ on YouTube Check out all of OAJ's videos on our YouTube channel.
School district employee fired after accusing district of age discrimination Shared from Dayton Daily News A Mad River Local Schools bus aide who is accusing the district of discrimination because of his age and disability was fired last week after more than two years as an employee.Paul Terry, 74, filed a charge of discrimination against the school district on July 10 with the Equal Employment Opportunity Commission detailing allegations that include being denied a handicap parking space and students physically assaulting him on a bus in late April. Click to continue reading
UPS' employment policies come under scrutiny, again Shared from National Law Review Last week, the Equal Employment Opportunity Commission (EEOC) filed a class action lawsuit against the United Parcel Service (UPS), claiming that the company had repeatedly failed to accommodate certain religious beliefs. Specifically, the complaint alleges that since 2004, UPS has refused to hire or promote certain individuals whose religious practices conflicted with the company’s dress code. Under UPS’ dress policy, male employees who either have a supervisory position or who have customer contact are not allowed wear beards or grow their hair below their collars. Click to continue reading