March 17, 2009

Employment Discrimination Law (Federal): Reconstruction Era Civil Rights Acts: 42 U.S.C. §§ 1981, 1983, 1985, and 1986.

In my ongoing effort to chronicle in one place (this blog) the major employment laws affecting employers in Virginia and the District of Columbia, here is an overview of the Reconstruction Era Civil Rights Acts as applied to modern-day employment discrimination lawsuits.

Continue reading "Employment Discrimination Law (Federal): Reconstruction Era Civil Rights Acts: 42 U.S.C. §§ 1981, 1983, 1985, and 1986." »

January 9, 2009

Federal Employment Law (Equal Pay): The Lilly Ledbetter Fair Pay Act & The Paycheck Fairness Act

The House of Representatives is considering two employment discrimination bills today: The Lilly Ledbetter Fair Pay Act, H.R. 11; and The Paycheck Fairness Act, H.R. 12. Both bills are designed to strengthen equal pay laws.

Here is a good summary from the AP.

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December 30, 2008

Federal Employment Law (Disability Discrimination): Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12113

As a courtesy to employment lawyers and employers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on public sites.

The ADA prohibits employment discrimination against "a qualified individual with a disability" because of the disability in regard to job application procedures, hiring, promotion, discharge, compensation, training, or other terms, conditions, and privileges of employment. The ADA also governs medical examinations and disability-related inquiries.


Covered Employers. The ADA applies to education instutitions, state, local, and private-sector employers with 15 or more employees; employment agencies; labor organizations; and joint labor management committees. It does not apply to the federal government or private membership clubs (other than a labor organization). Coverage of multinational employers depends on a variety of factors, as explained here by the Equal Employment Opportunity Commission.


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June 30, 2008

Employment Discrimination (Federal): Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e et seq.

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Title VII prohibits employment discrimination on the basis of race, color, national origin, religion or sex.
June 30, 2008

Federal Labor Law: Fair Labor Standards Act (FLSA) of 1938, 29 U.S. Code Chapter 8

As a courtesy to employment lawyers and employers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The Fair Labor Standards Act sets minimum wage, overtime pay, recordkeeping, and child labor standards. It applies to most employers in the private sector, Federal, State, and local governments. The U.S. Department of Labor provides helpful material on the FLSA.

Minimum Wage: While some workers may qualify for a FLSA exemption, nonexempt workers are entitled to a minimum wage as follows: $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 effective July 24, 2009.

Overtime: After 40 hours of work in a workweek, covered employers must pay nonexempt workers overtime in the amount of at least 1 1/2 times their regular rate of pay.


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June 30, 2008

Family Medical Leave Act of 1993 (FMLA): 29 U.S.C. §§ 2601 et. seq.

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The FMLA permits eligible employees of covered employers to take up to 12 weeks of job-protected, unpaid leave during any 12-month period. The National Defense Authorization Act (NDAA) for FY 2008 amends the FMLA to provide for additional categories of job-protected leave relating to members of the military.

Continue reading "Family Medical Leave Act of 1993 (FMLA): 29 U.S.C. §§ 2601 et. seq. " »

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