The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration’s (FMSCA) new Drug and Alcohol Clearinghouse went into effect January 6, 2020. The new program requires commercial driver’s license (CDL) employers, medical review officers, third-party administrators, substance abuse professionals and state driver’s license agencies to report failed and refused drug tests for CDL drivers to [...]
The DOL has issued a long-awaited final rule addressing the standard for determining joint-employer status in the context of the Fair Labor Standards Act (FLSA). The rule seeks to settle confusion surrounding when a joint employer relationship is created for liability purposes under the FLSA. Prior to the rule issuance, federal circuit courts had been [...]
In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit addressed whether a party was entitled to information about allegedly comparable employees in a failure to promote case. The lawsuit was filed by a Department of Homeland Security employee, alleging that her employer discriminated against her on the basis of gender by failing [...]
The Third Circuit Court of Appeals recently upheld a Philadelphia ordinance prohibiting employers from asking job applicants questions about their salary history. The case is Greater Phila. Chamber of Commerce v. City of Phila., 2020 U.S. App. LEXIS 3598 (3d Cir. 2020). In 2017, the City of Philadelphia passed an ordinance to combat the disparity [...]
For the past several years, contracted and freelance work has been on the rise in the United States in the form of app-based job opportunities, dubbed the “gig economy.” According to a 2019 report by Upwork, 57 million Americans engaged in freelance work in some capacity last year.[1] A few common examples of these gig [...]
