On April 24th the Supreme Court, in a significant “win” for employers decided in Lamps Plus that an employer need not arbitrate class-based employment claims unless its arbitration agreement expressly provides for such arbitration. In other words, an arbitration agreement that is either silent or ambiguous on the obligation of an employer to permit class-based employment claims will preclude such arbitration, absent the employer’s consent.
On April 29th the Department of Labor issued a significant decision concerning whether individuals working in so-called “gig economy” jobs would be considered to be independent contractors rather than employees. Utilizing a traditional 6 factor test the DOL determined that the individuals covered by the Opinion Letter were independent contractors and not employees. The DOL’s analysis is useful for all employers (gig economy employers or not) in order to analyze whether their characterization of particular individuals as independent contractors is legally correct.
On April 25th a federal district court in DC ordered covered employers to submit by September 30th so-called “category2” data (pay and hours data) on its employees, in addition to the traditional EEO-1 data that has been historically required by the EEOC. Such Category 1 data is actually due by May 30th.
Finally, as of July 1st, the Maryland Department of Licensing, Labor and Regulation will now be officially called the “Department of Labor”.
Questions about the Department of Labor or other topics from this past Telebrief?
About the Telebriefs®
The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful on every call!
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