Archive | February 2009

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Ledbetter’s Expanding Effect

As predicted, courts are interpreting the one-month old Lilly Ledbetter Fair Pay Act of 2009 as covering all adverse employment actions affecting wages, not just pay-setting decisions or policies.  Based on two cases decided within a week of the bill’s signing, adverse employment actions related to demotions, promotions and pensions are clearly within the scope […]

Republicans Introduce Bill to Counter EFCA

As many employers and human resource professionals know, the Employee Free Choice Act is the Democratic bill would force companies to recognize unions when a majority of workers sign cards authorizing one. Under current law, corporations can require a secret-ballot election supervised by the National Labor Relations Board. On February 25, 2009, a bill was […]

Workers’ Compensation Attorneys’ Fees Bill Introduced in Florida Senate

Sen. Garrett S. Richter (R-Naples), chairman of the Senate Banking and Insurance Committee, has filed SB 2072, another bill which would overturn the result of the Florida Supreme Court’s decision in Murray v. Mariner Health.  The bill is similar though not identical to HB 903.  SB 2072 would: Repeal any requirement that either claimant-paid or […]

Solis Confirmed as Secretary of Labor

After nearly seven weeks of scrutinizing her background and policy positions, the Senate confirmed Rep. Hilda Solis, D-California, as Secretary of Labor on Tuesday, February 24.  The 80-17 vote came after Solis explained her role as an unpaid treasurer for American Rights at Work, a nonprofit organization, and her husband paid about $6,400 in tax […]

Obama to Nominate Former Clinton Aide to No. 2 Labor Spot

On February 23, 2009, President Obama announced his intention to nominate Seth Harris for the Number 2 Labor Spot under Hilda Solis. Harris was a former labor policy aide in the Clinton administration for almost seven years serving as the counselor to the labor secretary and as acting assistant secretary of labor for policy, among […]

E-Verify Cut From Stimulus Package

It is difficult to imagine anything being left out of a bill that weighs in at $787 billion. But a provision that would have required companies receiving stimulus funding to sign up for a government-run electronic worker verification system was scuttled during House-Senate negotiations.  The measure could have increased the number of firms, especially in […]

EEOC May Sue Public Colleges For Discrimination

The Eleventh Amendment protects public universities from lawsuits by former employees under the Age Discrimination in Employment Act — but it does not prevent the U.S. Equal Employment Opportunity Commission from suing the colleges on the aggrieved employees’ behalf, a federal appeals court ruled.  The ruling by a three-judge panel of the U.S. Court of […]