By George Miller
On August 12, 2009, the Equal Employment Opportunity Commission posted on its website a Notice Concerning the Lilly Ledbetter Fair Pay Act of 2009. The Notice states in part that, “. . . each paycheck that delivers discriminatory compensation is a wrong actionable under the federal EEO statutes, regardless of when the ...
By George Miller
On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act (“Act”), which addresses the issue of discrimination in compensation. The Act amends Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the federal Rehabilitation Act, to state that, “. . . a ...
By Kristie Alfred Daugherty
On August 14, 2009, the Court of Appeals of Kentucky handed down a decision in the case of Welsh v. Phoenix Transportation Services, LLC, No. 2007-CA-001231, 2009 WL 2475206 (Ky. App. Aug. 14, 2009), holding that absent an affirmative request by the employer for an employee to violate the law, the employee’s ...
By Glen Krebs
In October 2007 Judge Charles Breyer of the Northern District of California enjoined the implementation of a Department of Homeland Security (DHS) rule regarding safe harbor procedures for employers who receive a No-Match letter from the Social Security Administration (SSA). On August 19, 2009, DHS issued a notice in the Federal ...
By LaToi Mayo
The Taxpayer Responsibility, Accountability, and Consistency Act of 2009 (H.R. 3408), a bill seeking to remove a loophole allowing employers to bypass the Internal Revenue Service’s test of whether a worker is an employee or an independent contractor, was reintroduced in the House on July 30, 2009, by Representative Jim ...
By Michelle D. Wyrick
The federal government’s stimulus plan spending has resulted in an increase in federal contracting, which has in turn caused an increase in affirmative action enforcement efforts. The Office of Federal Contract Compliance Programs (“OFCCP”) is authorized to conduct compliance reviews to ensure that contractors ...
By Edwin S. Hopson
On August 3, 2009, the U.S. Department of Labor issued a notice of proposed rule-making which would require government contractors to post the following notice in their workplaces advising employees of their rights under the National Labor Relations Act:
‘‘NOTICE TO EMPLOYEES RIGHTS OF EMPLOYEES UNDER THE NATIONAL ...
By Sharon L. Gold
In a 5-4 decision decided on May 18, 2009, the Supreme Court made it tougher for employees to survive motions to dismiss in federal court. In Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), the Court extended its Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), decision to all civil cases and specifically to discrimination cases. In ...
By Edwin S. Hopson
On July 28, 2009, the Whitehouse issued a press release indicating President Barack Obama announced his intent to nominate Dr. David Michaels, Assistant Secretary for the Occupational Safety and Health Administration at the U.S. Department of Labor.
Dr. Michaels holds PhD and MPH degrees and is an epidemiologist and ...
By Kim Koratsky
Starting September 8, 2009, federal contractors will be required to use E-Verify to confirm that both current and newly hired employees working on federal contracts are authorized to work in the United States. The E-Verify system allows employers to check Social Security and visa numbers against government databases via the ...