Roundup: New federal test for independent contractors; Harassment and hostile work environments; Colorado requires notice of career progression; Military service is a protected class; Nondisparagement and nondisclosure clauses

NEWSLETTER VOLUME 2.4

January 29, 2024

Salary.com Compensation and Pay Equity Law Review

 

Welcome to Salary.com's Compensation and Pay Equity Law Review.   

  

Our editor, employment lawyer Heather Bussing, is tracking legislation, cases, and analysis to give you the latest critical HR topics.

 

This week we're answering questions about why employment law is weird:

  • Why does it matter if people are contractors or employees?
  • Why do employment laws use regular words like harassment and hostile work environment then make them mean something limited?
  • Why are legislators so bad at employment laws, particularly Colorado's new requirement for notice of "career progression?"
  • Why are military service protections against employment discrimination different from Title VII protected classes?
  • Why is getting rid of nondisclosure and nondisparagement clauses good for everyone?
January 23th, 2024
This is an excellent analysis of the new federal independent contractor test with lots of context and a step by step guide on the questions to ask.
January 24th, 2024
In all 50 states, it is still legal to be a jerk, even a really big jerk. It can also be perfectly legal to fire someone for an unfair reason and to annoy and be mean to people. Don't get me wrong, it is a very bad idea to be a jerk, annoying, and mean. Nobody likes that. And when it's tolerated on the job, it becomes a horrible place to work. But this is a weasel problem, not a legal problem.
January 25th, 2024
Who comes up with this stuff? You have to wonder if legislators have every worked as employees in large organizations that are trying to make money instead of rules.
January 26th, 2024
The military has been at the forefront of DEI long before it was DEI. When you ask people to risk their lives protecting all of us and each other, it turns out that things like race, religion, gender, and sexual orientation don't matter. The threats are somewhere else.
January 29th, 2024
I bet you've been wondering why employment agreements have nondisparagement and nondisclosure provisions in the first place and why they are becoming illegal. I love this question! Here's why.

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