IAML Insights

May 02, 2019

In what appears to be a first, the U.S. Department of Labor (DOL) has weighed in on the status of gig economy workers under the Fair Labor Standards Act (FLSA) in the form of an opinion letter. The DOL concluded that the workers reviewed in the letter are independent contractors. This opinion may have a wide effect in jurisdictions that apply the...

May 01, 2019

Andy, the Director of Human Resources at one of my clients, called me last week. He was pretty distraught. One of his employees, we’ll call him Tom, has been battling lung cancer, and he recently learned that the cancer has advanced to stage four.  It’s clear that his days are numbered. Tom has been a diligent, hard-working employee for...

April 30, 2019

Cynet Systems, an IT and engineering staffing company, had a viral mess on its hands over the weekend, after it posted a job that asked for candidates “Preferably Caucasian.”Helana McCabe asked a very simple question on Twitter: Uh, hey @cynetjobs - what’s with this? Your job listing for a mid-senior level business...

April 29, 2019

In a recent 2-1 decision, the Second Circuit Court of Appeals rejected its prior precedent, joining the Fourth, Sixth, and Seventh Circuits in adopting a “but-for” causation standard in disability discrimination cases brought under the federal Rehabilitation Act of 1973.  In doing so, the Second Circuit explicitly noted...

April 26, 2019

The status, the arguments, and my predictions. I've been waiting anxiously since September for the Supreme Court to agree to review three lower court decisions on whether LGBT discrimination violates Title VII of the Civil Rights Act of 1964. Wouldn't you know it? The Court agreed to take the cases while I was on a long weekend and off the grid....

April 25, 2019

Following its usual approach of lifting employment restrictions in the five boroughs, on April 9, 2019 the New York City Council approved legislation that will prevent employers from conducting pre-employment screens for tetrahydrocannabinols, commonly known as THC, the active ingredient in marijuana. The bill was sent to Mayor Bill de Blasio, who...