Yesterday, the Department of Labor announced a new proposal on independent contractor classification. If finalized, the proposal would once again reshape how employers evaluate whether a worker is an employee or an independent contractor under federal law. TL;DR: The DOL’s proposal would rescind the 2024 independent contractor rule and…
A federal court recently rejected an attempt to force a litigant to turn over information about her use of ChatGPT in a pending employment lawsuit. Yes. Information about her AI use. In a civil case, one side moved to compel “all documents and information concerning [the plaintiff’s] use of…
A single slur can sink an employer. It can also survive summary judgment. Two recent federal decisions show why context — especially who said it and how — still controls. TL;DR: Two federal courts held that a single use of a slur was not enough to get a hostile work…
At the British Academy Film Awards – better known as the BAFTAs, the U.K.’s version of the Oscars – a man with Tourette’s Syndrome interrupted the ceremony while actors Michael B. Jordan and Delroy Lindo were presenting an award, shouting a racial slur. That public moment raises a workplace question:…
Two arguments show up in almost every termination lawsuit: that the employer’s reason changed, and that it didn’t follow its own policy. The Eleventh Circuit recently explained why neither argument, without more, is enough to get a case to a jury. TL;DR: In a recent Eleventh Circuit decision, the…
Under basic contract law, yes. But thanks to the Ending Forced Arbitration Act, that may not be the end of the story. TL;DR: The New Jersey Appellate Division held that a mutual arbitration agreement was valid and enforceable, reversing a trial court that had voided it. But because the…
Not every workplace conflict that creates turbulence makes it to a jury. This one didn’t. The employer’s investigation held up under the honest-belief doctrine. TL;DR: The Sixth Circuit affirmed summary judgment for an airline after a flight attendant received a Final Corrective Action Notice for allegedly violating its Workplace…
A recent Southern District of New York decision is being described as “AI destroys privilege.” That’s not what the court held. But employers using consumer AI tools in connection with employment decisions should pay attention. TL;DR: In United States v. Heppner, the court held that documents a criminal defendant generated…
Remote work policies are tightening. But the Americans with Disabilities Act did not disappear when companies decided the office feels collaborative again. Last week, the U.S. Equal Employment Opportunity Commission issued federal-sector guidance on telework accommodations for employees with disabilities. Although written for federal agencies under the Rehabilitation Act,…