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 ...
By George J. Miller
On June 29, 2009, the U.S. Supreme Court issued its eagerly anticipated decision in the case of Ricci v. DeStefano. This case involved the issue of racial bias in connection with the use of test results for purposes of promotion to the ranks of lieutenant and captain in the New Haven, Connecticut fire department. In 2003, the city ...
By Debra H. Dawahare
Until June 2009, the City of Bozeman, Montana required job applicants to list login and password information for social networking sites in which the applicants participated. This, of course, meant that even if the applicant (or the applicant’s contacts on the site) had privacy controls on their accounts, the City could ...
The Kentucky Chamber of Commerce has just published The Kentucky Employer’s Guide to Downsizing, with the help of our Labor & Employment Service Team’s Chair Debra H. Dawahare, who edited the book. The book may be purchased from the Chamber’s website, www.kychamber.com, at the tab labeled “Bookstore.”
Wyatt, Tarrant & Combs, LLP ...
By Latoi Mayo
Each year, employers file a Wage and Tax Statement (Form W-2) with the Social Security Administrator (“SSA”) and the Internal Revenue Service to report how much they paid their employees and how much they deducted in taxes from employees’ wages throughout the year. In the past, Social Security has sent a “no-match” letter ...