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Works For Me, Episode 2: Independent Contractor or Employee? The $64K Question

By Nina Pirrotti, Will Oden and Grant Osborne

In our second episode of “Works For Me,” our team dives into a crucial understanding of employment law: the difference between independent contractors and employees.
We’ll take on three questions:

  • What is an employee?
  • What is an independent contractor?
  • Why does it matter?

Please tune in and let us know what you think. You can email Grant at gbo@wardandsmith.com.

EEOC v. Catastrophe Management Solutions: Title VII Does Not Prohibit Race Discrimination Based On Mutable Characteristics

Murray,JoeJoseph S. Murray IV

In the 50 years since Congress enacted Title VII, scientists, contemporary thinkers, and society in general have reassessed the concept of race. No longer do we view race solely in terms of biology (immutable characteristics). We now understand that race includes social context, culture, and life experiences (mutable characteristics). While society’s understanding of race has changed, Title VII’s original definition — or lack thereof — remains stuck in 1964. Whether a racial characteristic is mutable or immutable matters, as the Court of Appeals for the United States Court of Appeals for the 11th Circuit recently reminded the EEOC: Title VII only protects against discrimination based on immutable characteristics. EEOC v. Catastrophe Mgmt. Solutions, No. 14-13482, 2016 U.S. App. LEXIS 16918 (11th Cir. Sep. 15, 2016).

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