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What I've Been Reading This Week


I read through a lot of good articles this week, especially from some of the blogs I routinely follow.  One of my favorites was on a recent EEOC suit against UPS in regard to the company's prohibition on beards and hair rules.  That article is certainly well worth a quick read!

As always, below are a few articles that caught my eye this week.


Older Workers Benefit Protection Act: Nice Try Hershey Managers

Joanna Bowers has a somewhat humorous article on several former Hershey's managers who were terminated in 2009 and 2010, accepted severance pay and waived their claims against the company, then turned around and tried to sue Hershey's for age discrimination.  This is a good article that deals with issues surrounding the Older Workers Benefit Protection Act...and provides a thorough breakdown of why the managers' age discrimination claim failed.



When I want to review some of the finer points of California's Paid Sick Leave Law, I often turn to the California Employment Law Report.  This week was no exception as Anthony Zaller gave readers five major amendments to California's Paid Sick Leave Law that employers and employees should note.  As noted, these amendments apply going forward, after being signed into law by Governor Jerry Brown on July 13, 2015.  


EEOC Brings Suit Against UPS Over Beard & Hair Rules

Another good article from Joe Lustig, with this particular one focusing on a recent suit filed by the EEOC against UPS in relation to the company's policy that prohibits male employees in customer contact or supervisory positions from having bears or growing hair below collar length.  The EEOC alleged that UPS has failed to hire or promote individuals whose religious practices conflict with the company's appearance policy.  As well, the EEOC alleged that UPS failed to provide religious accommodations to its appearance policy.  This case is in the early stages, but it is certainly one to keep an eye on.


Department of Labor Issues "Administrator Interpretations" in Regard to Independent Contractors

Recently, the Department of Labor ("DOL") released "Administrator Interpretations" and weighed in on the test for whether someone is an independent contractor or an employee.  In essence, as the Interpretations note, the DOL finds that most workers are employees under the FLSA.  This article breaks down the Interpretations well and walks readers through some of the finer points of this issue.

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