All posts of Gardner Skelton

Employers can learn a lot from the Amazon union drive in Alabama

Earlier this month the results of a widely publicized unionization vote at a 6,000-person Amazon fulfillment center in Bessemer, Alabama were announced, with workers decisively voting against forming a union. Despite the loss, many experts believe that unionization in America is poised for a resurgence. The Biden administration has been openly sympathetic to unions and […]
5 years ago

Eleventh Circuit says companies don’t need to accommodate users under ADA

In recent years, risk of website accessibility litigation has been on the rise. From 2017 to 2018, the number of federally filed website accessibility cases nearly tripled, from 815 to 2,285. In 2019, more than 3,200 cases were filed. The majority of these cases involve accessibility standards for the visually impaired – that is, courts […]
5 years ago

DOL Issues New Guidance on Independent Contractor StatusContractor Status

On January 6, 2021, the US Department of Labor (DOL) issued long sought-after clarity on the legal distinction between independent contractors and employees under the Fair Labor Standards Act (FLSA). The rule is scheduled to take effect on March 8, 2021.  The rule reaffirms the “economic reality” test to determine whether an individual is in […]
5 years ago

EEOC To Re-Open EEO Data Collections In 2021

After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of COVID-19, the Equal Employment Opportunity Commission (EEOC) recently announced the 2019 and 2020 EEO-1 Component 1 Data Collection (EEO-1 Report) is on schedule to open in 2021. The EEO-1 Report is a compliance survey mandated by […]
5 years ago

DOL Issues New Guidance on Independent Contractor Status

On January 6, 2021, the US Department of Labor (DOL) issued long sought-after clarity on the legal distinction between independent contractors and employees under the Fair Labor Standards Act (FLSA). The rule is scheduled to take effect on March 8, 2021.  The rule reaffirms the “economic reality” test to determine whether an individual is in business for him or […]
5 years ago

EEOC to Re-Open EEO Data Collections in 2021

After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of COVID-19, the Equal Employment Opportunity Commission (EEOC) recently announced the 2019 and 2020 EEO-1 Component 1 Data Collection (EEO-1 Report) is on schedule to open in 2021.  The EEO-1 Report is a compliance survey mandated by federal […]
5 years ago

FFCRA Leave Expired, But Can Employees Still Get It?

On December 31, 2020, paid sick leave and expanded family and medical leave requirements under the Families First Coronavirus Response Act (FFCRA) expired. The Department of Labor (DOL) provided new guidance in the form of Frequently Asked Questions, addressing whether workers who did not use their leave entitlement under the FFCRA in 2020 are eligible to […]
5 years ago

Many Employers Opt to Encourage, Not Require, COVID Vaccine

In December, the Equal Employment Opportunity Commission (EEOC) issued guidance clarifying that employers can require their employees to get the COVID-19 vaccination as a condition of working onsite, provided that, if an employee opts not to receive the vaccine, the employer must engage in an individualized analysis of whether an exception is necessary to provide […]
5 years ago

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5 years ago