Is severance pay taxable under the Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq (“FICA,” informally known as “Social Security tax”)? This is the question at the heart of the tax refund dispute that has made its way to the U.S…
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During his recent State of the Union Address, President Obama announced that he will raise the minimum wage for federal contractors to $10.10 per hour and asked Congress to pass a law to “give America a raise” as well. The federal minimum wage, w…
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Lawsuits under the Genetic Information Nondiscrimination Act of 2008 (“GINA”) based on family medical history discrimination have been rare. Because of this lack of attention, many people still do not know that this law exists and what it actuall…
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Young v. United Parcel Service, Case No. 12-1226. The PDA expressly provides that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes…as other persons not so affect…
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Despite the upcoming midterm elections, the launch of Obamacare on January 1, and significant changes to marriage and marijuana laws, one of the biggest news story out of Washington this month has been Congress’ failure to extend Emergency Unemploy…
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This past year developments in employment law kept lawyers, judges, employers, and employees on their toes. Both sides of the employment bar scored victories in 2013. Thus, the question of “What did we learn this year?” is an especially interesti…
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Most people know that discriminating against people with disabilities is illegal. Few know that the law also protects those who associate with someone who has a disability. A provision of the Americans with Disabilities Act (ADA) protects people who…
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Tags: ADA, Americans with Disabilities, association claim, association disability, Burger King, cancer, Discrimination, disease, Family Medical Leave Act, FMLA, HIV
Can your former employer sue you for violating your non-compete just for announcing your new job online? Well, one employer just did. Many businesses require their employees to sign broad non-compete and non-solicitation agreements (known as “restr…
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On Friday, November 7th, the U.S. Senate voted to pass the Employment Non-Discrimination Act (ENDA) (S.815), a bill that would provide long overdue workplace protections for lesbian, gay, bisexual, and transgender (LGBT) employees. The bill has been…
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By now, most have heard of the troubles between Richie Incognito, a white veteran offensive lineman, and Jonathan Martin, an African-American second-year lineman, plaguing the Miami Dolphins and bringing attention to an alleged culture of workplace b…
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