We issue E-Lerts to our clients via e-mail to summarize new developments. 

COBRA SUBSIDY PROGRAM EXTENDED AGAIN

[March 5, 2010] On March 2, 2010, President Obama signed into law the Temporary Extension Act of 2010 (the Act) (HR 4691). The Act extends through March 31, 2010 the COBRA subsidy program, which was originally passed in the American Recovery and Reinvestment Act of 2009. For more, click here.

DOL ISSUES REVISED MODEL COBRA NOTICES

[January 15, 2010] The federal subsidy for COBRA benefits, which was scheduled to end on December 31, was extended by recent legislation (from a maximum of nine months to a new maximum of 15 months). This legislation requires certain updated notices to be provided to specific groups of eligible individuals. The DOL has now issued model notices to assist employers in complying with these requirements. For more, click here.

EFFECTIVE JULY 24, 2009, THE FEDERAL MINIMUM WAGE INCREASES TO $7.25 PER HOUR

[July 22, 2009] On July 24, 2009, the federal minimum wage will increase from $6.55 per hour to $7.25 per hour pursuant to the third and final increase of the three-phase wage increase adopted by Congress in 2007. For more, click here.

CARD CHECK TO BE DROPPED IN EFCA COMPROMISE

[July 20, 2009] Six pro-labor Senate Democrats reportedly are working on a compromise aimed at gaining passage of the Employee Free Choice Act, which abandons the controversial “card check” provision. For more on the compromise, click here.

SUPREME COURT REJECTS MIXED-MOTIVE BURDEN SHIFTING ANALYSIS IN ADEA CLAIMS

[June 18, 2009] In a 5 to 4 decision that favors employers, the U.S. Supreme Court held that, under the Age Discrimination in Employment Act (“ADEA”), a plaintiff must prove that his age was the reason for an adverse employment decision. For Facts of the Case, The Court’s Ruling and Lessons Learned, click here.

U.S. SUPREME COURT ENFORCES COLLECTIVE BARGAINING AGREEMENT REQUIRING ARBITRATION OF AGE DISCRIMINATION CLAIMS

[April 1, 2009] On April 1, 2009, in a 5 to 4 decision, the U.S. Supreme Court held that a collective bargaining agreement requiring bargaining unit employees to arbitrate claims under the Age Discrimination in Employment Act is enforceable as a matter of federal law. For Facts of the Case, The Court’s Ruling and Lessons Learned, click here.

RIVAL UNIONS ANNOUNCE AGREEMENT TO ORGANIZE NURSES

[March 23, 2009] On March 19, 2009 the Service Employees International Union (“SEIU”) and the California Nurses Association/ National Nurses Organizing Committee (“CNA/NNOC”) announced that they were ending their bitter rivalry. These unions now will join forces to organize healthcare workers and push for passage of the Employee Free Choice Act (“EFCA”). For more, click here.

MARYLAND GENERAL ASSEMBLY CONSIDERING BILL TO MANDATE WORK BREAKS

[March 20, 2009] Currently pending in both chambers of the Maryland General Assembly are identical bills that would require employers of 50 or more employees in Maryland to provide employees with rest breaks after four hours of work. Currently, Maryland has legislated rest breaks only as to minors. For more, click here.

EMPLOYEE FREE CHOICE ACT INTRODUCED IN 111th CONGRESS

[March 10, 2009] The Democratic Leadership introduced into both the Senate and the House the Employee Free Choice Act (EFCA). The proposed legislation contains the same provisions as the 2007 version of the EFCA. For more, click here.

PRESIDENT ISSUES 3 PRO-LABOR ORDERS COVERING GOVERNMENT CONTRACTORS

[February 3, 2009] On January 30, 2009, President Obama issued three pro-labor Executive Orders concerning government contractors. For more, click here.

USCIS DELAYS IMPLEMENTATION OF REVISED FORM I-9 UNTIL APRIL 3, 2009

[February 2, 2009] On Friday, January 30, 2009, the US Citizenship & Immigration Services (USCIS) decided to delay implementing the interim final rule regarding the Revised I-9 Form, to permit further consideration of the rule and opportunity for public comment. For more, click here.

U.S. SUPREME COURT EXPANDS RETALIATION PROTECTION FOR EMPLOYEE WITNESSES IN INTERNAL INVESTIGATIONS

[January 26, 2009] On January 26, 2009, the U.S. Supreme Court unanimously held that employees who simply respond to questions during an employer’s internal investigation into complaints of illegal harassment or discrimination are protected from retaliation under federal antidiscrimination laws. In so doing, the Supreme Court resolved a split among various U.S. Courts of Appeals on this issue. For more, click here.

E-VERIFY PROGRAM POSTPONED UNTIL FEBRUARY 20, 2009

[January 14, 2009] The Department of Labor (DOL) has postponed the date that federal contractors and subcontractors will be required to use the federal E-Verify Program to verify an employee's authorization status until February 20, 2009. For more, click here.

USCIS Revises Form I-9

[January 12, 2009] In an effort to streamline the employment authorization process, the United States Citizenship and Immigration Services (USCIS) on December 17, 2008 issued an interim final Rule amending the Employment Eligibility Verification (Form I-9). Effective February 2, 2009, all employers must use a revised Form I-9 to verify the employment authorization of all new hires and to re-verify current employees whose temporary work authorization has expired. As of February 2, 2009, the current Form I-9 will no longer be valid. For more, click here.

Reminder: New FMLA Policies Must Be In Place By January 16, 2009

[January 7, 2009] As we explained in our November 19, 2008 E-lert, the U.S. Department of Labor's revised FMLA regulations go into effect on January 16, 2009. For more, click here.

Department Of Labor Issues Final Rule On Revised Family and Medical Leave Act Regulations

[November 19, 2008] The Department of Labor (DOL) published its final rule that updates the 15-year old regulations under the Family and Medical Leave Act (FMLA), and implements, for the first time, the expanded leave protection for military family members, which was created with the passage of the National Defense Authorization Act (NDAA), on January 28, 2008. For more, click here.

The ADA Amendments Act Becomes Law

Today, President Bush signed into law the ADA Amendments Act of 2008. As we explained in our e-lert last week, this legislation significantly broadens the scope of protection that will be afforded to individuals under the Americans with Disabilities Act (ADA). For more, click here.

Congress Gives Final Approval To Sweeping Amendments To The ADA

As predicted, Congress passed the ADA Amendments Act of 2008 (the ADA Act of 2008), and the legislation is now ready for the President’s signature. For more, click here.

Maryland Flexible Leave Law Goes Into Effective October 1, 2008

Maryland's Flexible Leave Act ("MFLA") goes into effect October 1, 2008. The law entitles employees to use paid leave for an illness of an immediate family member. For more, click here.

Federal Minimum Wage Increase Effective July 24, 2008

On July 24, 2008, the federal minimum wage will increase from $5.85 per hour to $6.55 per hour as part of a three-phase increase adopted by Congress in 2007. As a result, many state minimum wage rates will adjust accordingly. For more, click here.

Supreme Court Issues Flurry of Employment Decisions

On June 19, 2008, the U.S. Supreme Court decided four employment cases:

- Meacham v. Knolls Atomic Power Laboratory, in which the Supreme Court held that the employer has the burden of proving that some legitimate explanation other than age is the reason for an employment action that disproportionately affects older workers.

- Kentucky Retirement Systems v. EEOC, in which the Supreme Court held that a state retirement system did not discriminate against employees who become disabled after reaching retirement-eligible age, although younger workers received more favorable treatment under the system.

- Chamber of Commerce v. Brown, in which the Supreme Court held that portions of California Assembly Bill 1889 seeking to regulate employer speech about union organizing are preempted by the National Labor Relations Act (NLRA).

- Metropolitan Life Insurance Co. v. Glenn, in which the Supreme Court held that an insurance company serving as a plan administrator has a conflict of interest in both evaluating and paying benefits claims for employees, and that a judge should take this into account when reviewing a denial of benefits claim. For more, click here.

Maryland Enacts Flexible Leave Law

On May 22, 2008, Governor O’Malley signed into law Maryland’s Flexible Leave Act, which entitles employees to use accrued paid leave for an illness of an immediate family member. For more, click here.

Genetic Nondiscrimination Act Poised To Become Law

On May 1, 2008, the Genetic Information Nondiscrimination Act (GINA) (H.R.493) cleared both houses of Congress by overwhelming votes and is on its way to the President's desk. The President is expected to sign the bill into law as early as Monday, May 5. For more, click here.

Maryland Enacts Leave Payout Law

Today, in a rare victory for employers, the Governor signed legislation enabling Maryland employers, by written policy, to control by policy whether and when the value of accrued, unused leave will be paid to a departing employee at termination of employment. This legislation overturns the unpublished decision in Catapult Technology LTD v. Wolfe, in which the Maryland Court of Special Appeals rejected this previously well established rule. For more, click here.

District of Columbia Passes Law Requiring Employers To Pay Sick Leave

On March 4, 2008, the D.C. Council passed the Accrued Sick and Safe Leave Act of 2008 (“ASSLA”) becoming only the second city in the U.S., after San Francisco, to enact such a law. For more, click here.

U.S. Supreme Court Holds "Me Too" Evidence May Or May Not Be Admissible In A Given Case

On February 26, 2008, the U.S. Supreme Court ruled in Sprint v. Mendelsohn that, in the trial of an employment discrimination claim, the testimony of other employees who claim to have been subject to discrimination (so-called “me too” evidence) may or may not be admissible, depending on the facts of the case. Thus, the Court did not provide a definitive test to resolve the issue. For Facts of the Case, The Court’s Ruling and Lessons Learned, click here.

DOL Issues Proposed Revisions To FMLA Regulations And Requests Comments On Military Family Leave

On February 11, 2008, the DOL issued proposed revisions to the Family and Medical Leave Act (“FMLA”) regulations and also requested comments on issues related to the recent enactment of the National Defense Authorization Act of 2008, which amends the FMLA to provide for military family leave. For more on the DOL's proposals, click here.

New Law Expands FMLA Rights For Families Of Armed Forces Members
On January 28, 2008, President Bush signed the National Defense Authorization Act for Fiscal Year 2008, which contains amendments to the Family and Medical Leave Act. Section 585 of the defense bill contains two main provisions expanding the FMLA. For more, click here.

Maryland's Clean Indoor Air Act Prohibits Smoking In All Indoor Work Areas - Effective February 1, 2008, employers in Maryland must prohibit smoking in all indoor places of employment, including employee lounges and restrooms. Unlike previous regulations applying to employers, the Maryland’s Clean Indoor Air Act of 2007 and its implementing regulations do not permit employers to designate certain indoor smoking areas. All smoking indoors is prohibited. For more, click here.

New Year Begins With New Personal Information Protection Law In Maryland - Effective January 1, 2008, all Maryland businesses – both for-profit or not-for-profit – will be obliged to ensure that personal information of Maryland residents in their possession and the possession of third-party vendors is adequately protected. The law will also require that individuals be notified of a breach of security jeopardizing their personal information. For more, click here.

NLRB Limits Employee Use of Employer E-mail Systems for Union Purposes - On December 16, 2007, the National Labor Relations Board, in a 3-2 ruling, gave a major victory to employers by holding that employers may prohibit employees from using its e-mail system for any “non-job-related solicitations,” including union-related communications. In so holding, the NLRB provided long-awaited clarification to employers and employees regarding the use of e-mail systems, and delivered a setback to unions who viewed e-mail systems as an open forum for employees to discuss their concerns. For Facts of the Case, The NLRB’s Ruling and Lessons Learned, click here.

USCIS Issues A Revised I-9 - November 13, 2007 - On November 7, 2007, U.S. Citizenship and Immigration Services (USCIS) released a revised Form I-9 and a related updated Handbook for Employers, Instructions for Completing the Form I-9. The revised form must be used by employers no later than December 7, 2007 at which time the existing form will no longer be acceptable. To learn more, click here.

Maryland Court Holds Accrued Leave Must Be Paid Out Upon Termination - September 7, 2007 - The Maryland Court of Special Appeals, in an unreported decision, rejected the previously well established rule in Maryland that employers may, by policy, deny payment for accrued, unused leave at termination. Although unreported decisions are technically not binding authority, lower courts are likely to follow the decision anyway, unless it is reversed by the Court of Appeals. Failure to pay accrued vacation due at termination without any bona fide dispute permits a jury to award treble damages and attorneys’ fees. For Facts of the Case, The Court’s Ruling and Lessons Learned, click here.

Federal Court Halts The Implementation Of Department of Homeland Security's "No Match" Regulation

September 7, 2007 - In response to a lawsuit filed by the AFL-CIO and other labor organizations, a federal judge in California has issued a temporary restraining order delaying the implementation of the Department of Homeland Security’s (“DHS”) “no-match” regulation. To read more about the DHS regulation, see an explanation in our August E-Update. In addition to delaying the implementation of the regulation, the judge's order also puts a hold on the Social Security Administration’s (“SSA”) plan to send revised no-match letters and guidance regarding the regulation to approximately 140,000 employers across the country. The regulation had been scheduled to become effective on September 14, 2007. The Court has scheduled a hearing on October 1 to determine whether to make the restraining order permanent. According to the AFL-CIO, DHS has exceeded its authority because DHS improperly seeks to use the Social Security Administration’s confidential information as tools for the enforcement of immigration laws.

U.S. Supreme Court Unanimously Upholds Companionship Services Exemption - June 11, 2007 - the U.S. Supreme Court, in Coke v. Long Island Care at Home, Ltd, upheld the U.S. Department of Labor’s regulations exempting from minimum wage and overtime certain persons “employed in domestic service employment to provide companionship services for individuals” who are “unable to care for themselves.” For more, click here.