The U.S. Department of Labor issued its guidance on the joint-employer relationship last week, to much fanfare. The Administrator’s Interpretation takes a strikingly similar approach to that of the National Labor Relations Board, focusing on indirect and potential control as determining factors of whether joint employment exists. While the DOL insists its guidance does not reflect a new interpretation of law, commentators generally believe the guidance will lead to more litigation and more employer liability.
- Wellness programs use carrots and sticks to drive employee participation, and the EEOC is not pleased.
- A transgender woman will receive $115,000 from a former employer to settle her sex discrimination case.
- The Southern District of Illinois ruled that the EEOC’s sex discrimination case against Mach Mining can continue. The EEOC alleges that the mining company has never hired a woman.
- The EEOC announced that it is seeking public opinions on its retaliation guidance.
- Robin Shea covered the ten steps the EEOC thinks employers should take with regard to transgender employees.
- ARS Technica discussed how the smartphone revolutionized the workplace.
- In another article, ARS Technica wrote that the data security of the Internet of Things is so poor that hackers can watch sleeping children.
- Forbes commented that HR is ripe for disruption as new technologies can assist with decision-making.
- The Daily Beast opined that our children will have robot bosses.
- Mike Haberman asked if women will be disproportionally affected by artificial intelligence in the workplace.
In other developments:
- The Minnesota Supreme Court extended whistleblower protections, setting the statute of limitations at six years.
- Chipotle will give employees paid sick leave to better protect customers.
- A recent study showed employees at small companies are more likely to be abused by managers.