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Are Certain Forms of Discrimination Based Upon Sexual Orientation Prohibited By Title VII?

Title VII

Although federal law does not directly prohibit discrimination based upon sexual orientation, a recent decision from the Southern District Court of Florida illustrates how an employee may be able to state a claim under Title VII for discrimination based upon sexual orientation if the alleged discriminatory conduct was based upon the employee’s failure [...]

IRS Creates A Form Affidavit For Payroll Tax Exemption Under The Hire Act

HIRE Act Payroll Tax Exemption

In conjunction with the recently-passed Hiring Incentives to Restore Employment (“HIRE”) Act, the Internal Revenue Service (“IRS”) just issued a form Employee Affidavit that employers can use to claim a payroll tax exemption.  You can view and print out the form affidavit at: http://www.irs.gov/pub/irs-pdf/fw11.pdf

As we detailed in our earlier posting [...]

New Bill Would Alter Non-Compete Law in Illinois

Illinois General Assembly considers Illinois Not to Compete Act

Illinois businesses should be aware that Illinois House Bill 4923 would radically alter the law regarding non-competition agreements in Illinois by creating the Illinois Not to Compete Act.  This Act would restrict the enforceability of non-competition agreements in several key respects and create numerous rebuttable presumptions [...]

Facebook privacy settings and privacy in the workplace

Since Facebook recently modified its privacy settings, the lines between what is public and what is private in the workplace have become blurred.  As a result, it is more important than ever that employers and employees understand where the lines are drawn.

Many Facebook users (your employees included) face a risk of having private details of lives [...]

Jobs Bill Passes the Senate and Moves to the House

U.S. Senate passes HIRE Act

News reports say that House Speaker Nancy Pelosi expects the House will soon consider the Senate-passed $15 billion jobs bill (H.R. 2847), known as the Hiring Incentives to Restore Employment (HIRE) Act, that passed the Senate by a 70-28 vote on Feb. 24.  The bill passed by the Senate and [...]

Government Set To Crack Down on the Use of Independent Contractors

Employment Contact being signed by the employee

The legal landscape regarding the use of independent contractors has dramatically changed over the past several years.  For decades, employers’ use of independent contractors was not only rarely challenged, but it was also a way they could save significantly on labor and other costs associated with hiring employees.  [...]

2010 Just the Beginning for ENDA?

Legislative Update: Employment Non-Discrimination Act

ENDA

The Employment Non-Discrimination Act (ENDA) would create federal protections against workplace discrimination based on sexual orientation and gender identity.  The first version of the bill was introduced in 1994.  The latest version, introduced in June 2009, is currently in committee. The House Education and Labor Committee held a full committee [...]

The Beginning of the End for Employment Arbitration?

A New Law Prevents Defense Contractors from Arbitrating Employment Disputes with Employees and Subcontractors

On December 19, 2009, President Obama signed into law the Fiscal Year 2010 Department of Defense Appropriations Act. In this $63 billion spending measure is a provision, known as the “Franken Amendment” because it was originally introduced by Senator Al Franken of [...]

Raising the Dead: Can EFCA be revived?

EFCA

While the Employee Free Choice Act (“EFCA”) received front page treatment immediately after the November ’08 elections and through the spring, 2009, it has slowly lost its life force, so as to become moribund.  While quickly introduced into the House, it rapidly lost support among key Democratic Senators, including Sen. Arlen Specter (D – [...]

Legislation to Require Paid Sick Leave Introduced into House

From Today’s Daily Labor Report:  Legislation to Require Paid Sick Leave For ’Contagious’ Workers Introduced into House

Rep. George Miller (D-Calif.) Nov. 3 introduced legislation (H.R. 3991) that would guarantee five paid sick days for workers sent home or told to stay home by their employer in relation to a “contagious” illness, such as the H1N1 [...]