Friday, April 18, 2014

Pregnancy Discrimination in the Workplace

     The Florida Supreme Court reversed a Third District Court of Appeal decision on Thursday, now making it illegal in Florida to discriminate against an employee on the basis of pregnancy.

     The Florida Supreme Court found that pregnancy is "a natural condition unique only to one sex," and that discriminating against an individual on the basis of pregnancy is sex discrimination and thereby prohibited by the Florida Civil Rights Act.

     To read the court's decision, click here.

     If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.

Wednesday, April 9, 2014

What taxes are owed on your severance package?

     In a recent U.S. Supreme Court ruling on March 25, 2014, the Court overturned the 6th Circuit Court of Appeals' decision and upheld the IRS position that FICA taxes from the employer and the employee are due and payable on most severance packages.  As a result of this ruling, refund claims in connection with payroll taxes paid on severance packages are not viable.

     The U.S. Supreme Court rejected the argument that severance packages paid to terminated employees could avoid FICA taxation on the same basis as payments from "supplemental unemployment compensation benefit" plans ("SUB" payment plans).  SUB payment plans are explicitly subject to income tax withholding, but not FICA taxes.

     Therefore, the U.S. Supreme Court's ruling holds that most severance packages are subject to FICA taxes.

     If you have a question relating to your severance package, please contact Ambuter Law for your free phone consultation.

Friday, April 4, 2014

NLRB's ruling about college football unions

     In a recent ruling, the NLRB supported Northwestern's football team's efforts to unionize.  The ruling states that Northwestern's football players are "employees" of the university and thus should be given the opportunity to unionize.

The NLRB found that Northwestern made $76 million in combined profit from 2003-2012 from its football program.  This is a far cry from profits made at powerhouses such as Alabama, Ohio State, or Texas.  However, the average football scholarship at Northwestern is between $61,000-$76,000 a year.

The NLRB doesn't specify pay-for-play, only that a union could collectively bargain at a private university.  Collective bargaining at state-funded universities is subject to state law, not the NLRB.

Many believe that this is going to put pressure on the NCAA.

To read the entire decision, click here.

If you have an employment related question regarding your rights in the workplace, contact Ambuter Law for your free case evaluation.