Date archive: October 2014

Determining Independent Contractor Status-Eighth Circuit Weighs In

So, how do you know if your workers have been misclassified? As the saying goes, this is easier said than done. The tests used to determine whether a worker is an independent contractor or an employee are complex and often differ among jurisdictions as well as government agencies

FMLA Leave – Do employees have to say how long they will be gone?

The short answer – if an employee knows the duration they must tell the employer. If they don’t know the duration, they don’t have to say.

Human Rights Act Attorney Fee Awards Warning to Missouri Employers

On September 23, 2014, the Missouri Courts of Appeals ruled that a plaintiff who prevails under the Missouri Human Rights Act cannot have the award of attorney fees arbitrarily reduced based on the amount of damages awarded. The Plaintiff, a truck driver, brought a claim of constructive discharge accusing his employer of refusing to accommodate…

Employer Liability for Disciplining Employees Based on their Facebook Likes…OMG?!

Social media allows people to connect with people that they know and investigate people that they do not know. Employers commonly use social media as a tool to discover information about job applicants and to monitor their employees’ online activities. However, employers should beware of the litigation potential before disciplining their employees for social media…

EMPLOYER ALERT: No More Wage Secrecy for Federal Contractors

The Office of Federal Contract Compliance Programs (OFCCP) has published its Notice of Proposed Rulemaking (NPRM) on “pay transparency.” This NPRM is in follow-up to Executive Order 13665, which President Obama signed on April 8, amending Executive Order 11246 and prohibiting federal contractors from retaliating against applicants and employees for discussing their compensation. Generally, with…

Illinois Extends Sexual Harassment Protection to Unpaid Interns

Public Act 98-1037 will take effect January 1, 2015. The Act amends the Illinois Human Rights Act (775 ILCS 5).  Illinois has joined the emerging trend providing protection against sexual harassment for unpaid interns who, on January 1, will be covered under the definition of “employee” for purposes of the Act’s prohibition against sexual harassment….

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