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Federal Employment Law Wish-List

Published by on January 28, 2008

A new bill has been introduced in the House and Senate to significantly amend the federal labor and employment laws.  (Hat tip to Workplace Prof Blog.) UPDATE:  A commentary piece in the Wall Street Journal on Feb. 8, 2008, discusses this and other proposed legislation here. The text of the bill is here:  H.R. 5129. Although […]

A new bill has been introduced in the House and Senate to significantly amend the federal labor and employment laws.  (Hat tip to Workplace Prof Blog.)

UPDATE:  A commentary piece in the Wall Street Journal on Feb. 8, 2008, discusses this and other proposed legislation here.

The text of the bill is here:  H.R. 5129.

Although it is unlikely to pass (and would be subject to a likely veto if it did), the issues set forth in the Civil Rights Act of 2008 may be on the agenda after the Presidential election. 

The Bill contains sweeping “reforms” of the federal labor and employment laws.  It includes such things as eliminating the damage caps under Title VII and the Americans with Disabilities Act (ADA) and adding compensatory and punitive damages to the Fair Labor Standards Act (FLSA).  Another provision, which has been introduced separately in the past, would amend the Federal Arbitration Act to prohibit pre-dispute arbitration agreements of statutory employment claims.  In a test of election year priorities, it would also give the NLRB authority to award backpay to undocumented workers.

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