Birmingham adopts minimum wage hike for employers

Minimum Wage Changes Ahead Sign

On August 18, 2015, the Birmingham City Council passed “An ordinance relating to minimum wage to be paid to Employees by Employers in the city of Birmingham Alabama”.  The Ordinance cites poverty in Birmingham as a problem that “affects the general health and welfare of all its citizens,” that at least 15 other cities haveRead More

Employment Law Jeopardy answer: YOU become a convicted felon

Safety Inspector Checklist

Question: What happens when YOU lie to OSHA? According to a press release issued by OSHA, in March, 2013, Marcus Borden was supervising a crew of 5 workers on a roofing project in Cordova, Alabama, about 20 miles northwest of Birmingham.  A severe thunderstorm came through, resulting in serious injuries to 3 of the 5Read More

DOL finds Alabama trucking company misclassified employees as independent contractors at a cost of $112, 735

Delivery Truck icon on white background.

Earlier this month, I published a blog entry entitled “Are Independent Contractors on the endangered species list” which addressed the pitfalls of misclassifying workers as independent contractors instead of employees.  The Wage and Hour Division of the Department of Labor issued a press release on August 18 entitled “Alabama trucking company misclassified workers as independentRead More

NLRB rules Northwestern University football players cannot unionize

Football With Reflection

Based on the recent history of the NLRB, getting a unanimous decision on any issue is quite surprising.  However, on August 17, in a 5-0 vote, the NLRB held that it did not have jurisdiction to address the issue of whether football players at Northwestern University could unionize, overturning the Regional Director’s decision issued onRead More

Are Independent Contractors on the endangered species list?

1099 Tax Form

For years, even decades, there has been discussion and thought in the Employment Law community that the concept of Independent Contractors would become extinct.  Somehow, they have survived, although I believe that they are on the endangered species list.  Recently, the Department of Labor released Administrator’s Interpretation No. 2015-1, “The Application of the Fair LaborRead More

EEOC rules Sexual Orientation Discrimination prohibited by Title VII

Discrimination Underlined With Red Marker

Until July 15, I was very comfortable saying that Alabama employers (with the exception of those engaging in Federal contract work) were not prohibited by law from discrimination based on Sexual Orientation.  On July 15, the EEOC, in a 3-2 decision, found that discrimination based on sexual orientation is a violation of Title VII.  InRead More

SMH: Lawyers and Social Media lessons to be learned by employers


SMH means “Shaking My Head”:  in this instance, in disbelief.  The ABA Journal recently wrote about a lawyer in Louisiana who was disbarred as the result of her engagement in a social media campaign to contact 2 judges “she accused of being unwilling to consider the evidence in two custody cases involving allegations of childRead More

According to SCOTUS, unintentional discrimination is still discrimination: What does it mean for disparate impact under the ECOA?


Article by Maurice L. Shevin and Samuel D. Friedman It has been a busy few weeks for the U.S. Supreme Court with the release of several much-anticipated decisions. In today’s post, we review an under-the-radar, but extremely important, opinion— Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. The financial services industryRead More

President Obama proposes new FLSA Overtime regulation raising floor to $50,440

Less Employment

President Obama, in an Op-Ed column in the Huffington Post, is proposing to raise the existing $23,660 threshold for which eligible employees are automatically entitled to overtime to $50,440. Concerning this increase, the President wrote: “We’ve got to keep making sure hard work is rewarded. Right now, too many Americans are working long days forRead More