Are You My Employer? 5th Cir. Says, "Yes!"

A business owner employs 10 employees and 50 independent contractors. Two independent contractors file a lawsuit for unlawful retaliation under Title VII, which covers employers with 15 or more employees.

Is the employer covered under Title VII? The 5th U.S. Circuit Court of Appeals said, "Yes."

FTC & DOL Sign MOU to Enforce Antitrust Laws

This Memorandum of Understanding signed September 21st follows similar actions in the last 14 months.

• On January 5, 2023, the FTC announced it would propose a rule to effectively ban non-competes, which they did on January 19, 2023.  
• On July 19, 2022, the FTC announced signing a similar MOU with the National Labor Relations Board.

U.S. DOL and EEOC Publish New Disability Guide

On September 26th, the U.S. Department of Labor and EEOC announced publication of this guide. While the Guide is for covered federal contractors, it might be proactive to review the Guide even if you are not a covered contractor.  

Why? The agencies write, “The law also was the model for Title I of the Americans with Disabilities Act of 1990, which greatly expanded equal opportunities by prohibiting disability-based employment discrimination in private employment.” (emphasis added).

Get Ready, Set...Get Ready for EEO-1 Filing!

After twice postponing the deadline for filing EEO-1 reports (January and July 2023), it looks like we have a green light. 

Last month, the EEOC provided information and resources for covered employers to start preparing to file the EEO-1 report.