Trump DOL removes Obama DOL guidance on independent contractors, joint employment. On Wednesday, Secretary of Labor Alexander Acosta removed two Administrator's Interpretations on independent contractors and joint employment issued during the Obama Administration. Here is our Client Bulletin, which I wrote with Jim Coleman, co-chair of our Wage and Hour Practice Group. The ...

President Donald Trump has proposed to merge two of the primary government agencies focused on equal employment in the workplace – the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs.  Robin has discussed this proposed merger here, here, and here.

She's asked for input from the Affirmative Action team, so here it is.

The ...

As our readers know, discrimination against transgender individuals is often treated as sex discrimination under Title VII, as a form of unlawful "sex stereotyping."

But is it also a "disability" within the meaning of the Americans with Disabilities Act when an individual identifies with a gender other than his or her biological one?

Transgender individuals don't usually invoke the ...

I'm going to have to make this a regular series.

A few weeks ago, I posted about an "Ask Amy" column involving a bullying boss, which I thought had really poor employment law advice. (To her credit, Amy posted not one, but two, corrections not long afterward.)

Last week, Karla Miller of the "Work Advice" column in The Washington Post -- who is a bona fide "HR advice" columnist, and a very ...

You want my salary history? That's sex discrimination! Well, actually, it's a little more complicated. Kacy Coble of our Memphis Office has a great post over at FOCUS, our women's leadership blog, about the perfectly legitimate, non-discriminatory reasons why employers sometimes use salary history in setting pay -- and how alternatives may be even more unfair. As state and ...

Louise Davies is an Affirmative Action Paralegal in Constangy's Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan ...

For all those who have died serving our country, thank you. Rest in peace.

Image Credit: From flickr, Creative Commons license, by Beverly.

Last week, we talked about employment investigations. This week, I'd like to talk about what employers do with the information they gathered during the investigation. There are two main tasks:

No. 1: Figure out what probably happened.

No. 2: Decide what action to take based on No. 1.

It's almost impossible to generalize about No. 1 because the results will vary ...

The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer complained about his sexual orientation. The case is Zarda v. Altitude Express.

The issue to be decided by the court is "Does Title VII of the Civil Rights Act of 1964 ...

OSHA intends to postpone requirement that safety reports be submitted electronically for all the world to see. You may recall that, about a year ago, the Occupational Safety and Health Administration issued a rule that would require certain employers to submit some injury and illness reports electronically. The information would then be made publicly available. Now OSHA says ...