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BT Currents - Hot Topics in Employment Law

28 Jun Seventh Circuit Revisits Contractor Misclassification

Courts in the U.S. have been grappling with the misclassification of independent contractors for more than 20 years. As our readers well know, there is no standardized test to determine whether a worker is a contractor. Various courts and government agencies all have adopted their own criteria. Fortunately, most of them overlap, but there can be critical differences in the factors and how they are applied.   In 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) firmly supported the “economic…

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10 Nov Final Rule Issued on HIRE Vets Medallion Program

  As Veteran’s Day fast approaches, on Nov. 9, the U.S. Department of Labor (DOL) issued the Final Rule implementing the Honor Investments in Recruiting and Hiring (HIRE) American Military Veterans Act (HIRE Vets Act), which President Trump signed on May 5, 2017.   The Rule establishes a HIRE Vets Medallion Program, which will recognize qualifying companies with a HIRE Vets Medallion Award for their commitment to recruit, employ and retain American military service veterans. The Program will be implemented in 2019.   Under the…

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06 Jul A Welcome Move for Employers – Department of Labor Re-Establishes Wage and Hour Opinion Letters

  Last week, Alexander Acosta, U.S. Secretary of Labor, announced that the U.S. Department of Labor will reinstate the issuance of opinion letters. This move will allow the Department of Labor’s Wage and Hour Division to once again use opinion letters as a way to provide direction to covered employers and employees.   According to the Department of Labor’s news release, “[a]n opinion letter is an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented…

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19 May Current Administration Considers EEOC and Labor Department Subagency Merger

  The Trump administration is reportedly considering a potential merger between the Equal Employment Opportunity Commission (EEOC) and a Labor Department subagency that enforces nondiscrimination requirements and affirmative action on government contractors.   The recommendation to merge the two entities originated from The Heritage Foundation, a Washington-based conservative research think tank. In its report, “Blueprint for Reform: A Comprehensive Policy Agenda for a New Administration in 2017,” The Heritage Foundation previously called for a complete phasing out of the Department of Labor’s Office of Federal…

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03 Mar By the Numbers: Women in the Workforce

  In honor of Women’s History Month, the U.S. Department of Labor posted some thought-provoking statistics about working women.  While employers already know women play an important role in the U.S. job market, these figures demonstrate just how significant female workers are in our economy.  Below are some of the fascinating numbers about working women:   Nearly half of the U.S. workforce is comprised of women, with more than 74.6 million women employed in civilian jobs Almost 10 million women are business owners and account…

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