The Second Circuit recently held that plaintiffs bringing disability discrimination claims must meet the higher but-for causation standard, rather than a mixed-motives standard.
The two agencies recently released guidance advising that certain gig workers—workers who perform temporary, flexible jobs (often obtained through a virtual platform)—were not employees, but independent contractors.
The National Labor Relations Board (NLRB) returns to using the traditional common-law agency analysis in determining whether franchisees are employees or independent contractors.
The Board has reinstated the prior test for joint employment that requires actual, direct, and immediate control and rejected the standard allowing for reserved or indirect control.
While enactment remains far off, Congress has taken a significant step toward overturning the NLRB’s Browning-Ferris decision with this new bill.