American Recovery and Reinvestment Act (ARRA).
Contains whistleblower provisions for non-federal employers receiving funds under the ARRA and invalidates pre-dispute arbitration agreements with respect to claims brought under the Act.
New COBRA Subsidies.
Expand current COBRA provisions that include employer mandated contributions of 65% on COBRA premiums for those employees who were “involuntarily”
Notification of Employee Rights Under Federal Labor Laws Executive Order.
There are (4) orders under this new Order primarily in the areas of collective bargaining, Federal projects utilizing Companies with Union presence only, and worksite Union information postings.
The Lily Ledbetter Fair Pay Act.
Expands employer liability for gender based unequal pay. Provides provisions that make each discrimination action a new violation for purposes of the discrimination statue and states each paycheck that is deemed discriminatory is interpreted as a new violation.
Genetic Information Nondiscrimination Act (GINA).
Prohibits discrimination by employers and health insurers on the basis of genetic information.
Employee Free Choice Act (EFCA).
Establishes stronger penalties for violation of employee rights when workers seek to form a union.
Re-Empowerment of Skilled Professional Employees and Construction Trade Workers Act (RESPECT).
This legislation radically changes the NLRA definition of a supervisor. Under current law, a supervisor is considered an “agent” of management and owes a duty of undivided loyalty to the employer in labor-management relations. That duty would be compromised by the RESPECT Act.
Arbitration Fairness Act.
This bill would prohibit mandatory pre-dispute binding arbitration in consumer, employment and franchise disputes.
Paycheck Fairness Act.
This Act strengthens 1963 Equal Pay Act by prohibiting employers from retaliating against workers who share salary information. It also increases penalties against employers who pay workers differently based on protected class and allows employees to sue for punitive and compensatory damages. Employers would be required to track and forward pay information data to the Equal Employment Opportunity Commission.
Employment Non-Discrimination Act.
Proposed federal law that would prohibit discrimination against employers on the basis of sexual orientation.
Healthy Families Act.
Would require certain employers, who employ more than 15 employees a minimum paid sick leave of seven days annually for those who work a minimum of 30 hours per week. Employees who work less than 30 hours per week, but more than 20, would be eligible for a prorated amount.
Family Medical Leave Act (FMLA).
President Obama has indicated his support for expanding FMLA to cover companies with a minimum of 25 employees (currently 50).
FOREWARN Act.
Would amend the current Worker Adjustment and Retraining Notification Act that currently mandating certain size employers to give 60 days notice of a facility closing, to expand that notice to 90 days. Also makes the employers who violate such notice liable for double back pay for each day of the violation up to 90 days.
Civil Rights Act of 2008.
This Act would eliminate the 1991Civil Rights Act damage caps under Title VII and the American with Disabilities Act as well as expand the damages to the Fair Labor Standards Act (FLSA). It also gives the National Labor Relations Board the authority to award “back pay” to undocumented workers.
The bottom-line is to encourage you to keep informed on what’s happening today and what’s on the horizon tomorrow. The consequences of an uninformed employer have never been higher. Unfortunately there are more than dollars at stake…it’s the time and resources to keep abreast of the changes that are equally as daunting.
If you would like more information about what’s on the employment horizon or explore how we assist businesses like yours to limit exposure while keeping you current, we would like to hear from you.
Visit our website for additional information http://www.thebowlesgroup.com
