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October 2018 Archives

DOJ Argues That Title VII Does Not Cover Transgender Employees

Title VII of the Civil Rights Act of 1964 is one of our nation's main civil rights law. Among other things, it prohibits covered employers from discriminating in any aspect of employment based on race, color, religion, sex or national origin. Questions have arisen over time, however, about the breadth of the law's coverage when it comes to sex. Is it illegal to discriminate based on homosexuality? Against someone who doesn't comply with sexual stereotypes? Against transgender people?

Employee, Employer Groups Testify On DOL's Proposed Overtime Rule

In 2016, the Obama administration's Labor Department proposed a change to the overtime rule in the federal Fair Labor Standards Act. That change would have increased the exempt salary threshold, which is the minimum amount employees must earn in order to be classified as exempt from the FLSA's overtime requirement. However, the change was blocked by an appellate court. Now, the Trump administration's DOL is considering its own changes to the overtime rule, and employer and employee groups testified about their concerns at an Oct. 17 hearing at the DOL.

EEOC: Sexual Harassment Charges Jumped By 12 Percent In FY 2018

The Equal Employment Opportunity Commission's fiscal year 2018 closed just a few days before the anniversary of the first stories about media mogul Harvey Weinstein's alleged sexual misconduct. Outrage against Weinstein and others in Hollywood began a national reckoning in which powerful men in media, politics, journalism and other fields have been publicly accused of sexual harassment, assault and misconduct.

ADA, Arbitration Among Employment Law Issues Before Supreme Court

Now that Justice Brett Kavanaugh has been sworn in, there is a full slate of justices on the U.S. Supreme Court. Their new term began Oct. 1, and the court jumped right in to hear oral arguments about an age discrimination case.

Companies Offering Paid Family And Medical Leave Get Tax Credit

The Treasury Department recently announced that the 2017 Tax Cuts and Jobs Act offers most employers a substantial tax credit for providing paid family and medical leave. How substantial? Between 12.5 and 25 percent of the wages paid. Moreover, it's possible to take the tax credit retroactively this year as long as you put the required policies in place before Dec. 31. And, your short-term disability policy may qualify you for the credit.

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