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misclassification

Determining Independent Contractors: Sometimes the Government Loses

There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for […]

NLRB’s Joint Employment Plan Seen Having ‘Profound Impact’ On Employers

A plan from the National Labor Relations Board (NLRB) to make more employers susceptible to joint employer status is expected to make a major change to the landscape for employers that use staffing companies or operate under the franchise business model. The NLRB announced a Notice of Proposed Rulemaking on September 6 that shows a […]

Training for Soft Skills: A Critical Post-Pandemic Mandate

In recent years, discussions around the importance of soft skills in the workplace have become much more common, and soft skills are starting to seem increasingly less “soft” and increasingly valuable. The ability to work well with teammates, to lead groups, and to communicate effectively are seen by many as equally important to the ability […]

What Serena Williams’ Retirement Can Teach Employers about Retaining Working Mothers

On August 9, 2022, Serena Williams, the undeniable G.O.A.T., said “Farewell to Tennis On Her Own Terms—And in Her Own Words,” in an emotionally riveting article for Vogue magazine. In the article, Serena recounts a precious story of her five-year old daughter, Olympia, being asked what she wanted to be when she grew up. Olympia, […]

How Verified Skills Can Help Close the Gender Gap in Leadership

Work should work for us all. Instead, we’re seeing women report increased feelings of exhaustion and burnout. Women still get paid less than men. Women — especially women of color — receive promotions at a lower rate than men. And women in senior leadership are 1.5 times more likely to consider downshifting their careers or […]

Where’s the Harm? Court Splits on Title VII Liability for Lateral Transfers

Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights Act of 1964 without proving additional harm, such as a change in pay or benefits. Though circuit courts are split […]

A Founder’s Experience with a 4-Day Work Week

While there has been considerable grassroots support for the concept of a 4-day workweek, employers—those with the ability to make such proposals a reality—haven’t been quite as energized by the idea. After all, the current labor market, particularly in the United States, has made it difficult for many employers to find workers. But some business […]

Leading Organizations Are Designing PFML Programs to Attract and Retain Employees

The workforce continues to face enormous challenges. Despite strong support, the United States does not yet have a federal standard of paid family medical leave (PFML) or paid family leave. Disruptions like the ongoing effects of the pandemic, the Great Resignation, increasing mental health and caregiving needs among workers, and the migration to remote work […]

Ugh, We Didn’t Think Like That: Cognitive Dissonance in Litigation

Litigation is hard, complicated, and always surprising. It can be very difficult for an organization to plan for the business issues that litigation brings. But no matter how many times you have dealt with litigation, some things seem to take businesses by surprise every time. These are all issues that are worth discussing with your […]