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On January 10, 2024, the US Department of Labor (DOL) published the Final Rule (standards) for assessing whether a worker is an independent contract or employee in the Federal Register. The Final Rule is scheduled to take effect on March 11, 2024 The Final Rule is a six factor Economic Reality Test: The above factors…
Read MorePromoting diversity, equity, and inclusion, or DEI in the workplace seems a worthy goal for any employer. After all it is the ethical thing to do, right? And if DEI is ethical, you might think it would be simple enough for any ethical business to implement. Just do the right thing by people, right? But…
Read MoreIn the aftermath of the protests and civil unrest of 2021, more and more businesses embraced what has come to be known as “diversity, equity, and inclusion,” or DEI. Today, most people have at least some general understanding of what DEI is about. For many businesses DEI represents a commitment to promote diversity and equitable…
Read MoreAn IRS employee brought a national origin discrimination lawsuit after being fired for poor performance. The employee’s discharge was preceded by a disciplinary notice that documented over 100 mistakes she had made on the job. Undaunted by the overwhelming documented evidence of her failed performance, the plaintiff blamed management for its “cultural bias” against her…
Read MoreNot long after Elon Musk paid billions to acquire a majority interest in Twitter, the company laid off over half its workforce. Many of those laid off were contract workers supplied by TEKsystems Inc., a staffing firm. In the aftermath Twitter is facing a proposed class action lawsuit alleging it failed to provide these workers…
Read MoreAs predicted, the National Labor Relations Board’s recent decision in McLaren Macomb has quickly advanced to the U.S. Court of Appeals for the 4th Circuit. In February the NLRB declared that employers violate federal labor law if they include nondisclosure (NDAs) or non-disparagement clauses in severance agreements for non-managerial employees. The appellate court will decide…
Read MoreYesterday, the National Labor Relations Board reversed Trump-era Board precedent, and arguably expanded its precedent from the Obama administration, to declare unlawful two clauses commonly used by employers when offering severance packages. The decision in McLaren Macomb, Case No. 07-CA-263041 (2/21/2023) held that the employer, a Michigan hospital, violated the National Labor Relations Act by…
Read MoreOn March 23, 2021, Governor J.B. Pritzker signed into law amendments to the Illinois Human Rights Act (P.A. 101-656) with regard to criminal conviction records of applicants and employees in the state of Illinois. The amendments took effect immediately, so Illinois employers must become well informed about the new restrictions on the ability of an…
Read MoreEmployers often like to use Severance and Release Agreements when terminating employees because this process brings closure to what could be a potentially litigious situation. A Severance and Release Agreement is a contractual exchange between the two parties: the employer and the employee who is being let go. The employer gives the employee severance (money…
Read MoreThe State of Illinois recently enacted legislation entitled the Artificial Intelligence Video Interview Act which took effect on January 1, 2020. Employers who use Artificial Intelligence to analyze videos of job applicants are subject to the requirements of this law. Artificial Intelligence interviewing is growing substantially in the Private Sector. A survey last year of…
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