Employers Beware: Misclassification Cases are Costly and Common

Many employers erroneously classify workers who should be employees as independent contractors, due to the significant tax savings. However, misclassification cases present major risks. The independent contractor status for a worker is not favored by the IRS, the Department of Labor (DOL), the states, and many agencies within the states including those enforcing workers’ compensation …

Termination of Temporary Protected Status: The End of the Road?

Temporary Protected Status (“TPS”) has been available for citizens of El Salvador who have been physically present and residing in the United States since February 13, 2001. On January 8, 2018, the Secretary of the Department of Homeland Security (“DHS”) announced the termination of TPS for Salvadorians effective September 9, 2019. As identified below, there …

United States Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

This month the United States Supreme Court declined to review the Seventh Circuit Court of Appeals’ decision in Severson v. Heartland Woodcraft, Inc. The Plaintiff asked the Supreme Court to consider whether there is a per se rule that a finite leave of absence of more than one month (after the employee had exhausted his …

The GDPR Covers Employee/HR Data and It’s Tricky, Tricky (Tricky) Tricky: What HR Needs to Know

The European Union (EU) General Data Protection Regulation (GDPR) comes into effect on May 25, 2018, so in less than 60 days. While many companies have been working to ensure compliance with respect to their customer and vendor data, one extremely tricky area that must not be overlooked is the GDPR’s application to employee/HR information. …