Legal Issues

The Department of Labor has issued a new final rule that will make it harder for employers to classify workers as independent contractors, not employees. The rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act, will take effect March 11. That’s when employers m

Your employees probably no longer consider it taboo to discuss salaries and benefits with their co-workers and friends. That means they can easily tell how your compensation system compares with that of other employers. It also means they can easily spot inequities in how you pay employees up and do

The U.S. Supreme Court recently held oral arguments in an employment law case that may make it much easier for employees to sue their employers. If a majority of the justices agree with an employee who claims her transfer was motivated by her employer’s discriminatory policies, the decision may also

More employees—especially younger ones—are openly discussing their pay and even sharing industry or employer-specific information they have collected in comprehensive lists. Perhaps paradoxically, recent research out of Harvard seems to show that all this information collected and shared may actuall

Chances are, almost all your employees have mobile devices that let them send and receive texts and emails at any time. Advise managers of hourly employees not to send electronic messages to them outside working hours. That counts as work for which they must be paid under the Fair Labor Standards Ac

Small employers sometimes act like they don’t have to worry about unionization, the National Labor Relations Act and the National Labor Relations Board. That’s a huge mistake! All organizations with any employees at all must comply with the NLRA and are subject to NLRB enforcement if they violate th

One benefit of engaging independent contractors to perform work is that contractors don’t count as employees for purposes of complying with laws such as Title VII of the Civil Rights Act. But, just calling someone an independent contractor doesn’t necessarily mean she is one. She might really be an

Thanks to a series of employee-friendly court decisions, workers now have a far easier time winning lawsuits alleging their employers failed to accommodate their religious beliefs and practices. Employers are greatly limited in how far they can go to require employees to prove their religious belief

There’s a right way and a wrong way to respond to a disabled employee’s request for a reasonable accommodation. When an accommodation would cost little or nothing to provide, the right way is usually obvious to most employers. Then there’s the wrong way, as this case shows.

Most managers know that dealing with employee complaints comes with their job description, like it or not. Some types of employee complaints always merit attention. Ignoring them sets the stage for trouble—lawsuits, accidents, intervention from federal agencies, brand damage and other potentially de