Archive | June 2009

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Ricci – Part II

After a day to read and digest the holding in Ricci, I have the following observations: First, it is a fairly important case getting far more coverage from the press than normal due to the politics associated with Judge Sotomayor.  But setting that aside, the case has some ramifications beyond the realm of employee testing.  Ultimately, the Court’s […]

Key Supreme Court Ruling in Employment Testing Discrimination Suit

On June 29, 2009, the Supreme Court narrowly ruled in favor of white firefighters in New Haven, Conn., who said they were denied promotions because of their race, reversing a decision by the Second Circuit. In Ricci v. DeStefano, the city had thrown out the results of a promotion test because no African Americans and […]

The Crystal Ball: Technology in the Workplace

Ms. Wilma Liebman is a Democrat that was recently nominated by President Obama to serve as NLRB chair.  The other two recent NLRB appointees, Craig Becker and Mark Pierce, are also Democrats.  Many, including myself, are looking into our crystal balls and finding few bright spots for employers under the current administration.  I anticipate the now Democratic […]

Supreme Court Ruling Favors Employer in Age Discrimination Case

The Supreme Court ruled today, June 18, 2009, in Gross v. FBL Financial Services of West Des Moines, Iowa, for the employer in an age discrimination case.  This is an important ruling because the Supreme Court held that Title VII’s burden-shifting analysis for mixed motive cases is not applicable under the ADEA.  A notion that most employment […]

Do you know what the Healthy Family Act says?

Recently, legislation was introduced to enact the Healthy Family Act in both the House (H.R. 2460) and the Senate (S. 1152).  The Healthy Families Act (HFA) would require public and private employers with 15 or more employees to allow employees to accrue one hour of paid sick leave for every 30 hours worked.  An employee begins […]

IRS Q&A on COBRA Subsidy

The IRS has posted on its website 14 new Q&As to help employers claim the payroll tax credit for COBRA premium assistance payments made pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA). The employer may recover the subsidy provided to assistance-eligible individuals (AEIs) by taking the subsidy amount as a credit on […]

Florida House Passes Legislation to Expand Family Leave

The Florida House of Representatives has passed HB635, which would expand the state family leave requirements for family members prior to or following the active duty deployment of a loved one. The bill awaits the Governor’s signature and then will become law.  The military leave law is similar in nature to the expansion of FMLA leave […]