NLRB Returns to Employer-Friendly Approach in its Independent Contractor Analysis
Written by: Allison Averbuch, Esq. In January, the National Labor Relations Board (NLRB), in SuperShuttle DFW, Inc., walked back Obama-era collective-bargaining decisions. Overruling NLRB precedent established during the Obama administration, th
New DOL Opinion Letter: Tipped Employees in Dual Jobs
Written by: Don Benson, Esq. The U.S. Department of Labor issued a new Opinion Letters on November 8, 2018, which will be of interest to many employers with tipped employees. History of Issue. On 01/16/2009 the DOL issued an Opinion Letter whic
Are Your Employee Driving Policies Compliant in Georgia?
By: Don Benson, Esq. and Michael Chas Whitehead, Esq. If your company has employees who drive on the job in Georgia, significant changes to Georgia law go into effect on July 1, 2018. Key changes include (1) restricting drivers from physically h
Arguing for Summary Judgment Against Alternative Theories of Proving Discrimination
By Don Benson, Esq. A new Eleventh Circuit case is being criticized for changing the standard for summary judgment in a discrimination case. Jefferson v. Sewon America, Inc., No. 17-11802 (June 1, 2018) This is incorrect. Although it does not
Summer Interns: Paid or Unpaid?
Written by: Don Benson, Esq. Every summer, many employers take on “interns” and ask whether the intern must be paid. If interns, trainees and students are “employees” of a “for-profit” employer under the Fair Labor Standards Act, th
Columbus Partner Melanie Slaton on the Importance of Having Harassment Policies for the Workplace
In this short informative video presented by Columbus CEO, Columbus partner Melanie Slaton discusses the importance of having a harassment policy for your workplace and why employees should have a better understanding about what harassment i
USCIS to Conduct Interviews for Employment Based Adjustment of Status Cases
by: Ashik Jahan, Esq & Carolin Esterl On August 28, 2017, USCIS (United States Citizenship and Immigration Services) made an announcement stating that they will begin to “phase-in” interviews for employment-based cases effective on Oc
Proving Effective Communication With Deaf Patients
By Don Benson, Esq. and Eric Hoffman, Esq. When accommodating a deaf patient, what evidence proves effective communication under Title III of the Americans with Disability Act (“ADA”) and Section 504 of the Rehabilitation Act (“RA”) o
Is “Hispanic” A Race Or An Unprotected Ethnicity Under § 1981 And Title VII?
By Don Benson, Esq. The Second Circuit issued an opinion on February 16, 2016, holding that “Hispanic” is a race for the purposes of both 42 U.S.C. §1981 and 42 U.S.C. § 2000e, Title VII. Village of Freeport v. Barrella, 814 F.3d 594 (
The ADA and Job Transfers
Written by: Don Benson, Esq. On December 7, 2016, the Eleventh Circuit Court of Appeals found that a Hospital did not violate the Americans With Disabilities Act when it refused to allow a disabled employee to transfer to another, open position