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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 economy jobs include ridesharing - such as Uber and Lyft - food delivery, dog walking, web design, and freelance writing. The job usually involves work done at a time and place of the individual’s choosing, making these jobs attractive options for those looking for a flexible schedule or a side-job to make extra cash. It is also great for individuals who have difficulty finding full-time [...]

While the start of a new year can bring joy and a sense of optimism, it can also signal something many supervisors and employees dread: performance evaluations.  However, with the proper goals and execution, employers can turn performance reviews from an inconvenience into a valuable tool that benefits both the organization and its employees. Why Performance Evaluations Matter Obviously, performance evaluations allow employers to evaluate the workplace to determine areas of improvement, inform staffing and hiring decisions, and gauge the overall health of the organization. When properly done, performance evaluations allow an employer to communicate to employees’ areas of excellence and areas of improvement. But performance evaluations are also a great opportunity to reinforce the expected standards of conduct within [...]

  With Christmas and the New Year around the corner, many employers are planning their annual holiday parties. However, even with good intentions, holiday parties can expose employers to liability arising from alcohol consumption and poor decision making. The following cases are a reminder that the rules of the workplace still apply even while celebrating the most wonderful time of the year. Decking the Halls Without Religious Discrimination Holiday parties are a great way to build camaraderie, boost employee morale, and show employee appreciation. But employers should think twice about how these parties are arranged. For example, the employer in Chandler v. Infinity Ins. Grp., 2014 U.S. Dist. LEXIS 77378 (N.D. Ala. 2014) threw a Christmas party and made attendance [...]

The General Assembly is seeking to make another fundamental change which could represent significant financial exposure to public employers across the Buckeye State. The change was introduced in House Bill 308 and alters the way Post-traumatic stress disorder (or "PTSD") claims are handled for firefighters, police, and EMS personnel. According to the American Psychiatric Association, PTSD is a psychiatric disorder that can occur in people who have experienced or witnessed a traumatic event such as a natural disaster, a serious accident, a terrorist act, war/combat, or a violent personal assault. Studies show that while a little over 5% of Americans will develop PTSD symptoms in their lifetime, approximately 18% of first responders will develop symptoms at some point in their careers.[1] [...]

Failing to compensate employees below the required overtime rate under the Fair Labor Standards Act (“FLSA”) is an unnecessary source of liability for employers. However, the topic is often overlooked due to the complexity and confusion surrounding what actually counts toward an employee’s regular rate, the base rate an employer must use when determining overtime payments. This concern is amplified by a split in the federal appellate courts on the issue and an increase in Department of Labor (“DOL”) investigations into inadequate overtime compensation. The FLSA requires almost all non-exempt employees to be paid overtime for hours worked over forty hours per week at a rate not less than one and one-half times the regular rate at which they are [...]

Receiving a notice that someone has filed a charge of discrimination against your organization with the Equal Employment Opportunity Commission (EEOC) can be frightening. While many employers are familiar with the formal litigation process, an EEOC charge is different; there are different deadlines, different processes for submission of information, and a different timeline for receiving a resolution to the charge that’s been filed. This can lead to confusion within an organization against whom the charge has been filed. In this blog post, we will shed some light on the steps in the EEOC charge process and discuss what employers can do to effectively handle and respond to a charge should they ever receive one. A charge of discrimination [...]