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. |