Background The Equal Pay Act prohibits employers from paying one employee less than another employee of the opposite sex when the two do equal work.1 There are four exceptions.2 Employers can pay an employee of one sex less than another of the opposite sex if the pay differential is pursuant to “(i) a seniority system,…
Tag: Employment Law
The Gig is Up: How the Future of the Modern American Economy Necessitates a New Class of Worker to Protect Employee Rights
The advent of short-term job placement facilitators, such as Uber and Task Rabbit, has drastically changed the employment landscape of modern America over the past 15 years. For decades, the average American worked at a so-called “traditional” job, received benefits from their employer, and retired after 40-some-odd years with a golden watch. With the advent…
Missing Oxford Comma Costs Dairy Business Millions
In O’Connor v. Oakhurst Dairy, the First Circuit overruled a lower court and held that a group of drivers for a dairy company were collectively owed millions of dollars in overtime pay, all over a missing Oxford comma.1 In a list of three or more items—for example, bacon, egg, and cheese—the Oxford comma is the…
A Look into the Possible Employment Law Implications of Brexit
The United Kingdom (“UK”) voted to leave the European Union (“EU”) on June 23, 2016 with a 52% to 48% vote in favor of leave.1 The outcome shocked most of the UK and the world. The vote will not have an immediate effect on UK employment laws, but the long-term effects depend on the relationship…
The Significance and the Uncertainties of the Rise of the Contingent Workforce.
On-demand or ‘gig’ economy is characterized by Apps like Uber have marked a trend in the way workers are employed. Increasing trend of flexible work arrangements may have been caused by various reasons: reducing business costs, enhanced technology, and flexibility. Job security has become a concern for even many employees. 1 Recent studies show that…
Drivers v. Uber – An Employment Law Challenge
Despite its mass appeal and outstanding business prospects1, ridesharing platform Uber continues to face regulatory and legal hurdles that threaten to upend its business model. In this blog, I offer a primer of the most significant challenge Uber faces in the United States, a class action battle against their drivers. Unlike traditional taxicab companies which…