Roundup: New federal test for independent contractors; Harassment and hostile work environments; Colorado requires notice of career progression; Military service is a protected class; Nondisparagement and nondisclosure clauses

This is an excellent analysis of the new federal independent contractor test with lots of context and a step by step guide on the questions to ask.

Instead of trying to summarize—it really is worth a full read—I talk about why the new test doesn't really help anyone.

In all 50 states, it is still legal to be a jerk, even a really big jerk. It can also be perfectly legal to fire someone for an unfair reason and to annoy and be mean to people. Don't get me wrong, it is a very bad idea to be a jerk, annoying, and mean. Nobody likes that. And when it's tolerated on the job, it becomes a horrible place to work. But this is a weasel problem, not a legal problem.

Who comes up with this stuff? You have to wonder if legislators have every worked as employees in large organizations that are trying to make money instead of rules.

Colorado's requirement that employers give notice of career progression does not make sense to me. Here's why.

The military has been at the forefront of DEI long before it was DEI. When you ask people to risk their lives protecting all of us and each other, it turns out that things like race, religion, gender, and sexual orientation don't matter. The threats are somewhere else.

So we find ways to connect that reflect our common humanity. We realize we're not in this alone and we have to rely on each other and learn to work together.

I bet you've been wondering why employment agreements have nondisparagement and nondisclosure provisions in the first place and why they are becoming illegal. I love this question! Here's why.