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Susan is an experienced, well-regarded employment attorney who represents employers on matters related to compliance with federal and state employment laws

Q.  What is the current rule for determining whether two employers are considered to be “joint employers” under the National Labor Relations Act?

A.  On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act. The proposed rule dictates that two entities will be joint employers only if each exercises substantial direct and immediate control over employees.
Continue Reading NLRB Proposes New Rule on Joint Employer Standard

Q.  Can my Company institute a timekeeping system that uses fingerprints to track time?

A. Employers increasingly maintain timekeeping systems that require employees to clock in and out of work using their fingerprints to reduce the risk of coworkers clocking in for each other (so-called “buddy punching”) and to increase the accuracy of time reporting.

Q.  What is the standard for determining if an individual is an employee or an independent contractor in California?

A.  On April 30, the California Supreme Court adopted a new and more onerous test (the ABC test) for determining whether individuals are employees or independent contractors. In its decision in Dynamex Operations West, Inc. v.

Q.  Have there been any new legal developments on whether gig economy workers can be classified as independent contractors?

A.  On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the first judge to grant summary judgment on the issue of whether UberBLACK drivers are employees or

Q.  Is sexual orientation a protected category under federal discrimination laws?

A.  It depends on what Circuit you are located in.  On February 26, the U.S. Court of Appeals for the Second Circuit (which exercises federal jurisdiction in Connecticut, New York, and Vermont), joined the Seventh Circuit (with jurisdiction over Illinois, Indiana and Wisconsin) in

Q.  Are the EEOC’s Wellness Program rules still valid?

A.  The ADA and the Genetic Information Nondiscrimination Act both permit an employer to seek medical information as part of a wellness program if the employee participates voluntarily.  However, neither statute defines the term “voluntary.”
Continue Reading EEOC’s Wellness Program Rules in Doubt