Location

LL&E Tower, Suite 1500
909 Poydras Street
New Orleans, LA 70112-4004

Wouldn't it be be good news for employers to find out that the EEOC filed half as many lawsuits in 2012 as it had in 2011? It should be until you realize the EEOC recently confirmed that it was pursuing cases more selectively. The EEOC Commissioner Chai Feldbaum tweeted that employers can expect "quality over quantity" in the upcoming months, or even years. 

The EEOC has released a draft of its Strategic Enforcement Plan which lists its five "nationwide priorities":

1. Eliminating systemic barriers in recruitment and hiring;
2. Protecting immigrant, migrant and other vulnerable workers;
3. Addressing emerging issues;
4. Preserving access to the legal system; and
5. Combating harassment.

 While employers should always endeavor to comply with all federal and state laws, this would be a good time for employers to audit their employment practices and handbooks keeping these priorities in mind.

Potential misclassication of employees as "independent contractors" is already the issue of the decade and will become even more significant during the next four years.

Some myths about independent contractors include:

• If we hire workers only on a temporary basis, we will be safe.
• If we keep the annual work hours of each of our workers below 1,000, we will be safe.
• If we hire workers through a labor staffing company, we will be safe.
• If we issue a Form 1099 to our workers, we will be safe.

Each independent contractor situation needs to be closely analyzed to be prepared for the Government investigation or lawsuits that are looming.