In this episode of Employment Law Problems, I discuss some of the basic elements that all employers should consider when responding to an EEOC charge. Many employers will never face a discrimination charge, but for those that do it can be one of the most difficult allegations to defend against if the employer does not take proper precautions. Fortunately, there are a number precautions that employers can take to reduce their risk. Many employers can benefit from understanding the laws around discrimination, training your managers, and documenting various employee problems, which I discuss in ..read more

In this episode, I discuss the Supreme Court’s labor and employment law cases for the 2020-2021 term. Among the cases discussed are Cedar Point Nursery v. Hassid, which concerned access for unions to agricultural employers in California. The Court found that granting unions access for up to 3 hours per day for 120 days per year was a taking and the employers should have been compensated. I discuss what this case may indicate for other labor law cases in the future. The episode also discusses California v. Texas, which concerns the Affordable Care Act; Henry Schein Inc. v. Archer and White Sal ..read more

The National Labor Relations Board is looking to make dramatic changes to employee handbooks. Here is the first paragraph in my latest article. The National Labor Relations Board is actively looking to modify the legal standards that for the past five years have provided a commonsense solution for evaluating the legality of commonplace workplace misconduct rules. And if recent events are any indication, both unionized and non-unionized employers alike should be prepared for a new day in which your handbook rules will once again be unreasonably scrutinized – meaning your policies may need to b ..read more

In a recent post on the Fisher Phillips blog, I and my colleagues examine this issue. Here is the first paragraph: The NLRB’s top prosecutor just issued a memo which seeks to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances that participation is completely voluntary. These so-called “captive audience” meetings are routinely conducted to educate employees – particularly in response to arguments advanced by organized labor outside the workplace – and have been a staple in the American workplace since ..read more

Photo by Zohair Mirza on Unsplash How can you tell whether a worker is an independent contractor or an employee? You can find all about the tests that Texas uses to determine whether a worker is an employee or independent contractor in my latest podcast episode. In the episode, I cover the classical twenty factor test adopted from the common law test to determine whether a worker is an independent contractor and I also review the new test used for workers in the gig economy. It is absolutely critical that companies use the correct test to classify their workers. Many employers fail to properly ..read more

Photo by Aaron Burden on Unsplash Are you properly categorizing your workers as employees? Are they actually independent contractors? How can you tell if a worker is an independent contractor instead of an employee in Texas? Lucky for you Texas, or at least the Texas Workforce Commission (TWC), has a twenty factor test that you can use to determine whether your worker is an employee or independent contractor. A worker can be found to be an employee even if they do not meet each factor. Courts will examine each of the factors in turn to determine whether a worker is an employee or independent c ..read more

I’m excited to bring back Employment Law Problems for its 2nd season. I plan to post at least one episode per month this year and will aim for two episodes. It was a lot of fun to do the podcast last year. I’m looking forward to producing a lot more content in the year to come. In this episode of Employment Law Problems, I review my employment law predictions from last year (which you can read about here) and discuss my predictions for 2022 (which you can read about here). The information provided in this blog is for educational purposes only and is not legal advice. If you need legal advice ..read more

Photo by Ryan Stone on Unsplash 2021 is officially over! It couldn’t have come soon enough in my opinion. I’m hoping that my labor and employment predictions for 2023 will be able to completely avoid COVID related predictions, but after the last two years I am not holding my breath. Let’s be honest though, 2023 will probably still have COVID issues even if the disease finally disappears in 2022.  Rather than look forward though, I want to look back at my labor and employment predictions for 2021.  The Supreme Court Found the NCAA Violated Antitrust Law and Ended Special Access that U ..read more

Photo by Moritz Knöringer on Unsplash Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law. Of course, the biggest labor and employment changes in the coming year will once again be related to the pandemic and the challenges that it creates, but there are other issues that will plague the workplace. Click here to read my article on fisherphillips.com with my 10 workplace predictions for 2022. The post 2022 Labor and Employment ..read more

Photo by mostafa mahmoudi on Unsplash The EEOC announced that companies that are required to complete EEO-1 reports must do so no later than November 15, 2021 (see this prior article to determine whether your company must file the report). The deadline to file was October 25, 2021, however, the EEOC announced this limited and final extension. Employers will no longer be able to file the report after the 15th. In, addition, the EEOC stated that any employer that has already requested assistance from the Filer Support Help Desk and has a pending help desk ticket will be able to file the report o ..read more