The ADEA & Disparate Impact The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against persons over the age of forty. One way an employee can demonstrate age discrimination is by showing that a specific employer policy or practice has a “disparate impact” on members of the protected class. For example, a particular hiring Read more
Much of California’s employer-employee relationship is defined by seventeen separate Wage Orders, each one regulating a different industry or occupation. One of the Wage Order provisions that sparked controversy recently concerns mandatory employee rest breaks. In a decision promising broad application, the California Supreme Court’s straightforward reading of the term “rest break” translates into a Read more
In the State of New York drivers of commercial vehicles that transport goods are covered by the NY Commercial Goods Transportation Industry Fair Play Act. The law, signed on January 10, 2014 by Governor Cuomo, creates a new standard for determining whether a worker is an employee or independent contractor in the trucking industry. As Read more
Colorado is the latest state to enact a law that prohibits employers from performing a credit history or credit check for hiring or other employment purposes. The Employment Opportunity Act (Senate Bill 18) applies to private sector employers with four or more employees. It prohibits employers from using “consumer credit information” in making employment decisions. Read more
