The Equal Employment Opportunity Commission (EEOC) split yesterday over whether to approve a notice of proposed rulemaking on the ADA Amendments Act (ADAAA). The commissioners voted 2-2 on whether to approve a set of proposed rules that had been drafted by EEOC’s Office of Legal Counsel. Under the EEOC’s rules, a tie vote is the
IRS Sets 2009 Standard Mileage Rates
Do you reimburse your employees for mileage for business driving? If so, get ready to pay a little less: effective January 1, 2009, the standard mileage reimbursement will drop to 55 cents per mile, down from the 58.5 cents per mile it has been in the last half of 2008. Why the drop? Well, prices at the pump are
Washington’s Minimum Wage To Rise to $8.55 January 1, 2009
Washington employers get ready to give your minimum-wage employees a raise: effective January 1, 2009, Washington’s minimum wage will increase to $8.55 per hour, allowing Washington to maintain the highest minimum wage in the country. For more information, click here to read the Department of Labor and Industries’ Press Release. Washington’s current minimum wage
DOT Issues Final Rule on Commercial Drivers’ Hours
On November 19, the Department of Transportation‘s Federal Motor Carrier Safety Administration published a final rule on commercial drivers’ hours. The key provisions:
- commercial motor vehicle drivers may continue to drive up to 11 hours within a single workday; and
- drivers may now reset their weekly limits after they have been off duty for at least
Employee Free Choice Act Tops List of Anticipated L&E Legislation
In case you missed it, Barack Obama will be the next President of the United States! And both houses of Congress will be controlled by Democratic majorities. Wondering what this will mean for labor and employment law? So are we! But we’ve gone a step further and made some educated guesses on what to watch
Salvation Army Settles “English Only” Lawsuit with EEOC
A Massachusetts federal court last week approved a consent decree settlement of an Equal Employment Opportunity Commission (EEOC) lawsuit against the Salvation Army over the firing of two Spanish-speaking employees who failed to adhere to the employer’s "English only" policy. To read the consent decree in that case, click here.
In that suit, the EEOC had
Homeland Security Issues Final Supplemental “No-Match” Rule
Yesterday the Department of Homeland Security (DHS) issued a supplemental final rule regarding employers’ obligations upon receiving a "no match" letter from the Social Security Administration (SSA). (A "no match" letter states that an employee’s reported Social Security number appears invalid). The final rule is identical to the department’s previous rule, which was blocked from implementation by a California
Sexual Harassment Fail
It’s a slow news day here at the Stoel Rives World of Employment. No Supreme Court cases, no big lawsuits, not even an obscure city ordinance to report on. But here’s an amusing photo, courtesy of the Fail Blog:
Come to think of it, I believe I spoke at that seminar….
New Federal Legislation Would Penalize Employers’ Use of “Independent Contractors”
The U.S. Congress is currently considering legislation that would impose significant penalties on employers who improperly classify employees as "independent contractors" to avoid paying for benefits.
The Employee Misclassification Prevention Act (S. 3648) was introduced in the Senate on September 29, and is sponsored by Senators Edward M. Kennedy (D-Mass.), Barack Obama (D-Ill.) and John Kerry (D-Mass.).
Starbucks Settles NLRB Charge With Wobbly Organizer
The New York Times is reporting that Starbucks has settled with the National Labor Relations Board an unfair labor practice claim filed by a former employee who alleged he was terminated for attempting to organize his coworkers to join the Industrial Workers of the World, aka "the Wobblies."
Under the terms of