In October, the Biden Administration issued a highly anticipated proposal on how it will approach independent contractor status under federal wage law. The proposal, released by the US Labor Department, clarifies when workers should be classified as independent contractors or be classified as employees who are afforded many more rights,…
Articles Posted in Employee Rights
Am I Exempt or Non-Exempt from Stacks of Holiday Green?
During the holiday season around my college campus, there was “common knowledge” that one of the biggest benefits of working retail on holidays like Black Friday was that you’d be entitled to time and a half solely because you worked on that day. Cut to becoming an employment lawyer and…
The Twitter Showdown: Layoffs and the Law
Twitter’s new CEO, Elon Musk, cannot stay out of the courtroom. Just a few months ago, Twitter sued Mr. Musk after he attempted to walk away from purchasing the company despite the parties reaching an agreement. The court set Twitter’s lawsuit for trial in October 2022. Weeks prior to the…
Welcome to the Era of Salary Transparency
Have you heard it’s “taboo” to talk about your salary? Us too. Well, that is out the window now. Welcome to the era of salary transparency. Yes, we know it can be awkward to talk about salary, but with new laws on the horizon, it may be a little easier…
What are my options if my employer forces me into court far from home?
Summary: This article discusses some strategies, including different contract clauses, that employers might use to try to control where you can sue them, or to try to sue you in a far-away place. If you are in a legal dispute with your employer, where the lawsuit is filed can make…
The Truth Will Not Hurt You!
Searching for a job in today’s job market can be a tedious and competitive process. Employers are adding more requisites and qualifications to job postings in an attempt to attract the best candidate. That, in turn, requires candidates to find ways to better market themselves, including sometimes exaggerating their skills…
Tuesdays should be the New Monday
The newest shockwave to hit employment customs is the murmurs of a four-day workweek. In fact, Iceland recently declared their experiment with the four-day workweek a success. Belgian workers won the right to a four-day workweek in February, and the United Kingdom has set up a trial run that began…
A false dawn for unions in 2022?
Summary: This article touches on some of the complex issues surrounding the apparent boom in unionization—will this be a sea change or just temporary? What are the implications of recent union victories in major multinational companies? There have been high-profile union victories in the news lately for the employees of…
Job Burnout is Real. Just Ask Facebook.
Earlier this month, Sheryl Sandberg announced her resignation from Facebook parent Meta Platforms, Inc. Her departure was a surprise to many people. Ms. Sandberg was the Chief Operating Officer of one of the biggest and most powerful companies in the world. She was the primary reason why Facebook scaled from…
The limits of the duty to preserve evidence in Texas
This article gives a brief overview of when and to whom a duty to preserve evidence applies under Texas law, and discusses why it is usually important to clearly put your employer on notice as soon as possible if you have a legal claim against it. Many times when someone…