Uber Gets Rear-Ended Trying to Classify its Drivers as Independent Contractors Without Benefits

Any first year lawyer could have told Uber management that classifying their drivers as independent contractors – rather than employees — was an extremely risky business gamble. Now Uber (Uber Technologies, Inc., a Delaware corporation) is having to face the consequences of its calculated bet thanks to an unfavorable decision by the California Labor Commissioner.…

Careful before you fire an openly racist employee – the feds may come after you

A company that fired an employee for violating its workplace anti-harassment policies by making racist remarks on a picket line has been ordered to give him his job back with back pay plus interest. The fired employee, who was a member of the United Steelworkers union, had made the racist statements in 2012 while on…

U.S. Labor Department Updates FMLA Forms, Now good through May 31, 2018

The Wage and Hour Division of the U.S. Department of Labor, which is responsible for administering and enforcing the Family Medical Leave Act for most employees, has published new FMLA forms on its web site. The revisions are not very dramatic, notably including references to the Genetic Information Nondiscrimination Act of 2008 (GINA). The revised…