DOL Says Online Service Providers are Contractors

Ever wonder who employs the plumber you found online and booked via an online platform? Yesterday, the DOL answered this question: the plumber is an independent contractor and the virtual marketplace company that operates the online platform is not the employer. The DOL opinion is very fact specific.  However, as a general matter, it confirms… Continue reading DOL Says Online Service Providers are Contractors

EEOC Proposes 9/30/19 for Submission of Pay Data

On April 3, 2019, the EEOC submitted a response to questions raised by the Court during a March 19th Status Conference to discuss compliance with the Court’s ruling that pay data must be collected as part of the EEO-1 reporting process.  The EEOC’s submission described how the EEOC proposes to undertake and close the collection… Continue reading EEOC Proposes 9/30/19 for Submission of Pay Data

EEO-1 Reporting of Pay Data

Back in 2016, the EEOC changed EEO-1 reporting requirements to require that employers submit pay data in addition to information about employees’ race, gender and ethnicity. However, the new reporting requirement was not implemented and most employers did not begin collecting pay data as part of their EEO-1 data collection process.  On March 4, 2019,… Continue reading EEO-1 Reporting of Pay Data

9th Circuit Announces Test for Joint Employment under Title VII

By now, most everyone knows that under many employment laws, there can be more than one “employer,” and more than one party liable as an “employer” for violation of those laws. Until recently, however, there was no definitive test in Ninth Circuit for when parties would be considered “joint employers” for purposes of Title VII.… Continue reading 9th Circuit Announces Test for Joint Employment under Title VII

French Soccer Players are Bad Tippers

But an employee complaint about the frugality of French footballers is not protected concerted activity under a new narrow definition of protected concerted activity from the NLRB. In Alstate Maintenance, a skycap at Kennedy Airport was asked to assist with handling a French soccer team’s equipment. In response, the skycap complained that “we did a… Continue reading French Soccer Players are Bad Tippers