HR Legalist

HR Legalist

Employment Law Updates
& Best Practices for Employers

Court Rules That UberBLACK Drivers Are Not Entitled to FLSA Protections Because They Are Independent Contractors

Posted in Fair Labor Standards Act

As Judge Baylson of the U.S. District Court for the Eastern District of Pennsylvania noted at the beginning of his opinion, “[t]his case is the first to grant summary judgment on the question of whether drivers for UberBLACK are employees or independent contractors within the meaning of the Fair Labor Standards Act (“FLSA”) and similar Pennsylvania state laws.”  Razak v. Uber Techs., Inc., Civil Action No. 16-573, 2018 WL 174467, 2018 U.S. Dist. LEXIS 61230 (E.D. Pa. Apr. 11, 2018).  Although many of the cases against Uber are forced into arbitration, the plaintiffs in Razak had opted-out of arbitration through a procedure contained in Uber’s Service Agreement.  As a result, Uber has obtained a decision that may impact other cases brought against it under similar legal theories, and may impact other ride-sharing companies as well. Continue Reading

Employers Should Know This About Today’s Marijuana Laws

Posted in Medical Marijuana

Marijuana legalization can have a direct and lasting impact on employers; particularly, those with drug-free workplace policies.  Employers can be placed in a difficult position of trying to enforce these policies, while avoiding disability discrimination lawsuits by employees who use medical marijuana outside of the workplace. Even though marijuana is still illegal under federal law, many states have adopted laws that permit medical marijuana consumption and protect patients from discrimination in employment based on their status as medical marijuana users.  Continue Reading

Attorneys answer commonly asked questions about H-1B visa transfers

Posted in H-1B, Immigration

If an employer plans to hire an employee who is currently working for another US employer on a temporary working visa (such as an H-1B visa for highly skilled employees), the existing H-1B visa can be transferred by filing a visa transfer application. Here are some common questions about this process asked by employers and employees: Continue Reading

Sixth Circuit Rules that Gender Identity Discrimination is Not Religious Freedom

Posted in Gender Identity, Religious Discrimination

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC)  against a Michigan funeral home under VII of the Civil Rights Act of 1964 (Title VII).  The EEOC brought the case, EEOC v. R.G. & G.R. Harris Funeral Homes, on behalf of Aimee Stephens, a transgender woman, and claimed that the funeral home’s owner terminated Ms. Stephens’ employment for religious reasons after she disclosed her intention to transition from male to female and dress as a woman at work. Continue Reading

US Department of Labor Still Actively Investigating Per Diem Payments in the Energy Industry

Posted in Fair Labor Standards Act, General Labor and Employment News and Updates

Over the past few years, the U.S. Department of Labor (DOL) has investigated the misuse of per diem payments as a substitute for compensation in a number of industries. At a recent event for employment lawyers in Pittsburgh, an attorney with the DOL indicated that this is still an issue that they were actively investigating, especially within the energy industry where a strong demand has led to increased incentives to attract workers. This issue leads to possible non-compliance with the overtime requirements of the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201 et seq. Continue Reading

Second Circuit Holds That Sexual Orientation Claims are Permissible Under the Civil Rights Act

Posted in Civil Rights, Discrimination, LGBTQ Employees

While the lesbian, gay, bisexual and transgender community has made a number of important legal advancements over the last decade, it still amazes many people to learn that, under federal law, an employee can be fired because they are gay.  Politicians, advocacy groups and courtroom litigants have worked for decades to change that.  And while explicit legislative pronouncements have not come, some courts are nonetheless instituting protections. Continue Reading

Does My Business Need an Employee Handbook?

Posted in Harassment, Workplace Policies

While your business is not required to have an employee handbook, handbooks do offer many legal and non-legal benefits.

A well-drafted and regularly updated employee handbook can provide employees and their supervisors with the “rules of the road.” A handbook with clear rules can help ensure that employees are treated fairly and consistently across different supervisors and departments. Consider the morale issues that could develop in a workplace where, for example, supervisors of different departments or groups treat employees differently when they call out sick. Continue Reading

Employer Alert – The Fiscal Year 2019 H-1B Visa Season is Almost Here

Posted in H-1B, Immigration

Employers who hire foreign workers may already be familiar with U.S. Citizenship and Immigration Services (USCIS), the government agency that oversees lawful immigration to the United States. USCIS is also responsible for determining which foreign workers will be approved for the highly coveted H-1B skilled worker visa. Among all categories of temporary working visas, the H-1B is the most common.  However, in the past decade, H-1B visas have become increasingly difficult to obtain because of the strict annual cap on the number of visas issued. Continue Reading