The Aging Workforce: What to Expect and the State of Age Discrimination

How Extensively Has Age Discrimination Changed in the Past 50 Years?

Most employers are aware of the ADEA (Age Discrimination in Employment Act) passed in 1967. The law has been in existence for decades. What many employers may not be aware of is the fact that age discrimination continues to be an issue, and in some cases a growing issue. How likely are you to be sued for age discrimination? Are the statistics on your side or against you?

Consider the following facts reported this year by the EEOC in a statement about the state of age discrimination and older U.S. workers.

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What Employers Should Know About Retaliation Claims

Retaliation Claims May Include Emotional Distress Damages

A precedent has been set in relation to retaliation claims brought against employers.

Two courts of appeals, the Sixth and Seventh Circuit Court of Appeals had both ruled that employees have the right to recover for emotional distress damages in retaliation claims brought under the Fair Labor Standards Act (FSLA).

The National Law Review reported that a third court, the Fifth Circuit Court of Appeals also delivered the same ruling regarding damages for emotional distress.
What Are the Case Details in This Third Ruling?

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Guidelines for Classifying Workers as Independent Contractors or Employees

Why is worker classification important?

If a worker is an employee, you as the employer must withhold income taxes and pay Social Security, Medicare taxes and unemployment tax on the wages paid to the worker. Workers who are independent contractors are responsible for paying their own Social Security and Medicare taxes, which is called self-employment tax. The employer pays half of the employee’s self-employment tax and the employee pays the other half. Independent contractors pay the full amount of self-employment tax themselves.
What Factors Determine Whether a Worker is an Independent Contractor or Employee?

According to the IRS website, the three main factors that help an employer decide whether a worker is an employee or independent contractor are:

Behavioral control
Financial control
Relationship

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Misclassifying Workers as Independent Contractors

How Would Your Small Business Fare with the IRS for Worker Status?

Did you know that misclassifying workers is one of the top problems that small business owners face? Many small businesses hire independent contractors as part of running their businesses and delivering services or products. It is vital for employers to ensure that they classify workers correctly.
What Can Happen as Result of Misclassifying Workers as Independent Contractors?

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Digital Devices, Social Media and Employers: Bring Your Own Device

Where should you draw the lines as employers?

A trend exists where employers increasingly allow employees to use their own mobile devices, including laptops, tablets and smart phones, in the workplace to do their jobs. They can use their own devices to access applications and company information, post on social media accounts and send emails or texts related to business. In fact, an acronym has emerged to describe this practice: BYOD (Bring Your Own Device).

Although technology has advanced quickly, federal and state laws are still in the process of catching up with technology’s advances.
What legal issues can exist with BYOD?

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