Law and the Workplace

Latest from Law and the Workplace

Illinois Domestic Workers Now Guaranteed Certain Employment Rights

On August 12, 2016, Illinois Governor Bruce Rauner signed the Domestic Workers’ Bill of Rights Act (House Bill 1288) (the “Act”) on behalf of domestic workers employed in private homes or residences into law. With the passage of the Act, Illinois joins several states, including New York, California, Connecticut, Hawaii, Massachusetts and Oregon, in extending … Continue Reading

New Arizona Independent Contractor Law Now In Effect

Arizona’s “Declaration of Independent Business Status” law went into effect earlier this month. The new law, which appears to be the first of its kind, aims to provide independent contractors and the businesses that engage them greater certainty with respect to their employment status. Under the new law, independent contractors may sign a Declaration of Independent … Continue Reading

Pennsylvania Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

The U.S. Department of Labor (“U.S. DOL”) and the  Pennsylvania Department of Labor and Industry recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, the stated goal of which is to “combat employee misclassification and to ensure … Continue Reading

Connecticut and Vermont to Ban the Box in 2017

Beginning in 2017, Connecticut and Vermont will become the eight and ninth states to “ban the box” for private employers: Connecticut Effective January 1, 2017, Connecticut employers will be prohibited from requesting criminal history information on an initial application form.  Exceptions apply if: the employer is required by federal or state law to inquire about criminal … Continue Reading

Summer Slow Down: For the first time in memory, the quota reserved for the most desired immigrant applicants retrogresses for natives of India and China!

The Department of State published its August 2016 Visa Bulletin and it has a few impactful surprises. This is not good news for companies and foreign nationals.  Indian and Chinese foreign nationals, as usual, are the hardest hit.  Specifically, the historically open First Preference Employment Based Category (EB-1) retrogressed to January 1, 2010 for Indian … Continue Reading

Fifth Circuit Decision Reinforces The Importance of Clearly Communicating Anti-Harassment Policies

A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind employers that simply drafting that policy is only half the battle – they must also ensure that employees actually know that the policy exists. Kandice Pullen (“Pullen”) worked at … Continue Reading

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