Category:Employment
Wait, am I an Independent Contractor?
Work looks very different for everybody, with remote work, gig economy jobs, such as rideshare drivers or freelance writers, and independent contractors. It can be hard to answer the simple question of “What do you do for work?” Misclassification of your employment status, such as being classified as an independent contractor when you are really an employee, can be detrimental for people, as it can prevent access to benefits and protections. These protections include the right to overtime pay, anti-discrimination policies, and worker’s compensation. In 2020 it was found that 10-30% of employers misclassified their workers. The most misclassified jobs range from construction workers, housekeeping cleaners, and security guards. Typically workers with less formal education are at risk for misclassification. A key solution to the issue of misclassification of workers is education on both the part of the employer and the worker.
Work Related: AI Governance and Regulation in the Employment Law Context
Today, an explosion in Artificial Intelligence (AI) development is taking the U.S. and global economic systems by storm. Companies like Nvidia (the first company to reach an approximately 5 trillion valuation), Microsoft, Alphabet (Google), and Open AI (formerly a non-profit which still cites the common good as a core tenant of its charter) have kicked off what is widely understood to be an AI “Arms Race.” Investors- from venture capitalists to private equity behemoths- continue to pour billions of dollars into AI technology companies and associated ventures. As AI companies move from beta testing to widespread adoption and integration, debates on AI transparency, accountability, and regulation have risen to the forefront. As a result of this monumental shift and ongoing uncertainty, the necessity of properly understanding (and regulating) AI and automation technology is now more pressing than ever before. Further, the need for strong regulatory oversight, a broad regulatory consensus and clear guidance, a baseline code of ethics (at minimum), as well as strong federal and state regulation- has become one of the most important issues of our time.
Regulatory Challenges in the Remote Workplace
The expansion of remote and hybrid work has fundamentally transformed the compliance landscape for organizations. Traditional compliance programs, which were designed for centralized offices and direct supervision, are insufficient in environments where employees and compliance officers are distributed across multiple locations. Remote work creates new risks, including data‑security vulnerabilities, misconduct via digital channels, and gaps in reporting and auditing. Illinois law, including the Right to Privacy in the Workplace Act and the Biometric Information Privacy Act, as well as emerging statutory guidance on remote‑work notifications, presents unique requirements and limitations that employers must navigate to maintain effective compliance.
Love is in the Air – at Work?
When Coldplay unintentionally exposed their CEO’s affair with his co-worker, they reminded employers’ of the stark reality of romantic relationships in the workplace. With little time outside the office to meet people, 60% of adults admitted to having a workplace relationship in 2024. While employers are entitled to have their own policies, workplace relationships open up a world of legal risks, including sexual harassment, hostile work environments, and retaliation claims, all of which are regulated by the Equal Employment Opportunity Commission (EEOC). Implementing comprehensive workplace romance policies – such as those outlined in employee handbooks or formal “love contracts” – can help mitigate potential risks.
Worker Safety Compliance in a Remote Work World
Employee safety is a top priority for all employers. However, as the world continues to embrace remote work, employers must navigate employee safety in a new manner. Both state and federal agencies have adapted regulations to ensure remote workers are entitled to a safe working environment, which means expanded responsibility for employers. Employers now need to maintain safe work environments within the employee’s homes or face the consequences like workers’ compensation penalties and violations of the Occupational Safety and Health Act.
One Size Doesn’t Fit All: OSHA’s PPE Rule For Construction Workers
The construction industry employs workers of diverse shapes and sizes. Despite their diverse sizes, many construction workers have had to make do with Personal Protection Equipment (“PPE”) that fits one standard size. To ensure these construction workers have properly fitting PPE, regardless of their size, the Occupational Safety and Health Administration (“OSHA”) published their final rule mandating that construction employers provide their employees with “properly fitting” PPE.
DEI Under Fire: Corporate Compliance After Trump’s Executive Orders
In January 2025, President Donald Trump issued a series of executive orders aimed at dismantling Diversity, Equity, and Inclusion (DEI) initiatives within the federal government and, by extension, influencing private-sector compliance. These executive actions, presented as a means of restoring merit-based hiring and eliminating what the administration described as “illegal discrimination,” have had profound effects on corporate compliance efforts across industries. While the immediate legal impact has primarily affected federal agencies and contractors, the broader implications have created uncertainty within corporate America, forcing many companies to reassess the scope and structure of their DEI initiatives. This article examines the legal and regulatory ramifications of these executive orders and explores how they have influenced corporate compliance strategies in the evolving landscape of workplace diversity policies.
Is NIL the Killer or the Key to Classifying Student-Athletes as Employees?
Will name, image, and likeness (NIL) accelerate or hinder student-athletes being classified as employees? NIL refers to a person’s legal right to control how their image is used. For several years, college athletes forfeited these rights when they signed with collegiate sports teams. However, three years ago, NCAA rules changed, allowing athletes to profit off their NIL. Even without NIL deals, an increasing number of student-athletes have sought compensation while playing for universities. Student-athletes have sought compensation ranging from travel expenses to minimum wage. Historically, student-athletes have not been considered employees under labor and employment laws. Recently, courts have been divided on whether athletes receiving compensation should be considered a student or an employee. The addition of NIL rights that allows student-athletes to receive payment might be the factor that will ultimately decide this issue.
Clearing Up the Confusion: Classification of Employees and Independent Contractors
In 2019, the Governor of California signed Assembly Bill 5 (AB 5) into law. This bill sparked a battle in the courts between California’s state attorneys and rideshare giants, Uber and Lyft, who are determined to maintain the independent contractor classification of their workers. However, the new issuance of a DOL rule could change the landscape of this classification battle, not just for rideshare workers, but workers in many industries within the gig economy who could benefit from the new rule.