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Labor and Employment

The [Economic] Reality for Employers: The Department of Labor's Proposed New Rule for Determining Independent Contractor Status 

On September 22, 2020, the U.S. Department of Labor (“DOL”) announced a new proposed rule that could affect whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). The proposed rule sets forth the “economic reality” test as the proper test for…

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IRS Confirms Payroll Tax Deferral Not Mandatory

In its monthly payroll industry teleconference held on September 3, 2020, the Internal Revenue Service (IRS) confirmed that the payroll tax deferral of the employee portion of the FICA tax described in IRS Notice 2020-65 is not required. Employers may choose to exercise the deferral option but are…

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Employee Opioid Use, Addiction, and the ADA: EEOC Guidance Indicates Opioid Use and Addiction May Give Rise to ADA Rights

Employers may need to revisit employee handbooks and policies after the Equal Employment Opportunity Commission (EEOC) issued guidance on August 5, 2020, addressing employee opioid use, addiction, and employee rights under the Americans with Disabilities Act (ADA).

I. Testing for Drug Use—Employer…

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Recent Seventh Circuit Title VII Sex Discrimination Case Offers Reminders for Employers About the Need for Consistency in Employment Practices and Decisions

Litigation rarely goes to trial and employment law is no exception. However, a recent opinion from the Seventh Circuit Court of Appeals in Joll v. Valparaiso Community Schools held that a plaintiff’s sex discrimination case, brought under Title VII of the Civil Rights Act of 1964 (“Title VII”)…

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