A federal appeals court has ruled that employee misclassification claims brought by “distributors” who delivered goods from a bakery company to their retailers were not subject to mandatory arbitration. Defendant Flowers Foods, Inc., which owns subsidiary bakeries in multiple states, ...
Read More »EEOC releases assistance document on AI and Title VII
With a focus on preventing discrimination against job seekers and workers, the EEOC has issued a technical assistance document entitled, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil ...
Read More »Employers rethinking approaches to sourcing non-traditional job candidates
I recently referred an acquaintance to senior leadership for a job on our team. I thought he’d be a good fit, despite the fact that his experience was not exactly on point. I knew him to have good analytical skills ...
Read More »EEOC updates COVID-19 guidance
In the wake of the federal announcement that the COVID-19 public health emergency is over, the EEOC has issued updates to its COVID-19 technical assistance. The guidance is entitled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation ...
Read More »Form I-9 flexibility halted by DHS
Since the beginning of the pandemic, the Department of Homeland Security (DHS) has made it easier for employers working remotely to file Form I-9. But soon that will no longer be the case. Form I-9 is used to verify the identity ...
Read More »Music festival bartenders’ FLSA suit proceeds
A federal court in Virginia has conditionally certified a class of bartenders and barbacks who claimed a rock festival violated the Fair Labor Standards Act, or FLSA, and Virginia law. The defendants argued that class certification wasn’t warranted because the ...
Read More »Justices sidestep challenge to internet companies’ broad protections from suit
The U.S. Supreme Court has sidestepped a case against Google that might have allowed more lawsuits against social media companies. The justices’ decision returns to a lower court the case of a family of an American college student who was ...
Read More »Employee can’t bring FMLA interference claim
An employee who would have been lawfully terminated had they not taken leave under the Family and Medical Leave Act cannot prove that their employer interfered with their FMLA rights by not reinstating them, a federal appeals court has ruled. ...
Read More »Biden administration proposes ban on use of salary history in employment offers
The use of previous salary history in determining pay for federal employment offers would be prohibited under proposed regulations released by the U.S. Office of Personnel Management (OPM). The proposal states that federal agencies would not be able to consider an applicant’s ...
Read More »A 4-day workweek is amazing — in theory
In the world’s largest pilot project testing the four-day workweek, most employers and employees agree that the reduced schedule — responsible for more sleep, less stress, and an improved personal life — is king. But that trial took place in ...
Read More »