Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Karen Davis

Photo of Karen Davis
Apr 02 2014
 

Supreme Court rules that severance payments are subject to FICA taxes

Severance payments for terminated employees are subject to FICA taxes, as long as the severance isn’t tied to state unemployment benefits, ruled the U.S. Supreme Court today. FICA is the Federal Insurance Contributions Act, which requires workers and employers to pay taxes on wages in order to fund Social Security and Medicare.

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Photo of Karen Davis
Mar 27 2014
Affirmative Action  

Ensure disabled applicants aren’t accidentally excluded from hiring process

Online application systems can pose a major barrier to individuals with disabilities if they’re not designed correctly, according to a recent webinar offered by the Job Accommodation Network (JAN).

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Photo of Karen Davis
Mar 19 2014
Affirmative Action  

President signs Executive Order for contractors to pay $10.10 minimum wage

On February 12, 2014, President Obama signed Executive Order 13658, which will require certain federal contractors to pay at least $10.10 per hour beginning January 1, 2015. Federal agencies will incorporate this minimum wage requirement into new federal contracts for construction or services. Affected contractors must then turn around and include the minimum wage requirement in their subcontracts on the federal project. The order indicates that the minimum wage will apply only to those who are actually working on the federal project. The rate of $10.10 per hour will be reevaluated by the U.S. Department of Labor (DOL) each year, and may go up in 2016 and subsequent years depending on increases in the Consumer Price Index. The new rates apply even to contractors who have special certificates authorizing them to pay certain individuals with disabilities at rates below the minimum wage.  The order directs the DOL to issue regulations by October 1, 2014, identifying any exemptions from the order. Vigilant will keep members informed.

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Photo of Karen Davis
Feb 13 2014
Wage and Hour  

FMCSA allows leeway on rest breaks for drivers who exceed short-haul exception

If drivers of commercial motor vehicles unexpectedly have to drive further or work longer than the short-haul exception allows, they won’t get in trouble for failing to take a 30-minute rest break on time as long as they take certain steps, said the Federal Motor Carrier Safety Administration (FMCSA) in regulatory guidance.

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Photo of Karen Davis
Feb 06 2014
Safety and Health  

Even inaccurate safety complaints by truck driver protected

A commercial truck driver who was fired after raising safety concerns and inaccurately reporting a mechanic’s assessment of his truck can take his case to trial, ruled the Seventh Circuit U.S. Court of Appeals.

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Photo of Karen Davis
Jan 29 2014
Wage and Hour  

ALERT: Supreme Court says CBA can exclude payment for putting on protective gear

The U.S. Supreme Court ruled yesterday that an employer and union may agree that workers aren’t entitled to be paid for their time donning and doffing most protective safety gear at the beginning or end of the workday.

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Photo of Karen Davis
Jan 22 2014
Disability  

Employer failed to consider accommodations under the ADA

An employer’s hasty decision that an employee with a disability could not perform the “essential functions of the job” ended up backfiring in an expensive way. That was the result of a federal district court’s ruling, which allowed the employee’s case to proceed to trial.

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Photo of Karen Davis
Dec 30 2013
Affirmative Action  

Affirmative Action: Construction contractor nailed for hiring discrimination

A federal construction contractor’s hiring procedures unfairly discriminated against minority applicants for apprentice and electrician jobs, according to the Office of Federal Contract Compliance Programs (OFCCP).

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Photo of Karen Davis
Dec 19 2013
Affirmative ActionDisability  

Affirmative Action: OFCCP updates FAQs on new disability and veterans rules

The Office of Federal Contract Compliance Programs (OFCCP) has released more FAQs on its web pages providing guidance on the new rules regarding protected veterans and people with disabilities.

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