An independent contractor is generally a person who contracts with a principal to perform a task according to her or his own methods and who is not under the principal’s control regarding the physical details of the work.
The Americans with Disabilities Act (ADA) provides that an e…
The Americans with Disabilities Act (ADA) provides that an employer may not make an employment decision based on the individual’s HIV status unless customers object.
As a general rule, an English-only rule may be used at a wor…
As a general rule, an English-only rule may be used at a workplace if it is needed to promote the safe or efficient operation of the employer’s business.
A willful misclassification of workers by an employer under…
A willful misclassification of workers by an employer under the Fair Labor Standards Act of 1938 (FLSA) may result in imprisonment and a very significant fine.
When amending Title VII, Congress added a definition for sex…
When amending Title VII, Congress added a definition for sexual orientation, which is a protected category under that statute.
There is a single commonly accepted definition of “employee”…
There is a single commonly accepted definition of “employee” used by courts, employers, and the government.
Lia files an employment discrimination case against her empl…
Lia files an employment discrimination case against her employer. She can also file a retaliation claim if she:
To establish a prima facie claim of disparate treatment, the…
To establish a prima facie claim of disparate treatment, the employee must show all of the following except that:
Texas has enacted a law regulating employer access to the so…
Texas has enacted a law regulating employer access to the social media accounts of employees and job applicants.
It is not a defense for an employer to argue that an employe…
It is not a defense for an employer to argue that an employee knew about the grooming code when he or she came into the workplace. If the code is illegal, it is illegal.