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News/Updates
January 29, 2009
The Obama Administration has promised change, and they have spared no time getting to work.
The Lilly Ledbetter Fair Pay Act (HR11/S. 181) has been signed into law today by President Obama. What does this mean?
*This new law effectively ends uniform statute of limitations on discrimination claims.
*Restarts 180-day period for filing a charge each time an employee receives compensation (the “Paycheck Rule”).
>Time also restarts upon receipt of retirement benefit.
*Allows an “aggrieved person” and other individuals who were “affected by” pay discrimination to file claims.
*Amends Title VII of the 1964 Civil Rights Act, ADA, ADEA, and the Rehabilitation Act.
Also, watch for the Employee Free Choice Act to resurface in the Senate soon. As we all know the EFCA failed to pass in 2007, but this is the number one priority for union leaders in 2009. SHRM highly recommends us to write our members of Congress, and State Legislators to voice our opinions in this matter. You can obtain HR Voice writing materials on the SHRM website under “Advocacy”.
January 12, 2009
Happy New Year SCHRMA members!
January marks the beginning of some significant changes to employment laws. I hope everyone is ready for these changes and has their forms and handbooks in order. I’ve outlined the changes below:
ADA Amendments Act- Effective January 1, 2009 this Act expands who is covered by the ADA.
E-Verify- By January 15, 2009 federal contractors and subcontractors must be using the US Citizenship and Immigration Services E-Verify System to ensure their employees are eligible to work in the US.
Effective February 2, 2009 all employers must begin using the new version of the form I-9. This form has not been published yet, but should be available shortly. The revised form will be available at: http://www.uscis.gov/.
FMLA Regulations- Significant changes to the Family and Medical Leave Act go into effect January 16, 2009.
With “change” being an expectation of the Obama administration, you will want to keep an eye on the following proposed legislations which are sure to be seen in 2009:
* Paycheck Fairness Act: Among other changes to the Equal Pay Act, the legislation proposes that, for the purpose of demonstrating pay discrimination, a plaintiff can use compensation comparisons of employees who do not even work at the same physical place of business.
* Working Families Flexibility Act: Expands an employer’s obligations when an employee requests a change in hours or venue to accommodate family needs.
* Employee Free Choice Act: A proposal to make it easier for employees to form a union.
* RESPECT Act: Redefines the term “supervisor” in certain industries, thereby making some supervisors eligible for union membership.
* Patriot Employers Act: Awards tax credits and other benefits to employers who, for instance, keep their operations from moving overseas and offer health insurance to their employees.
* Lilly Ledbetter Fair Pay Act: Changes the statute of limitations on how far back and employee can go to file a pay-discrimination suit against an employer.
* Employment Non-Discrimination Act: Would provide protections to gay, lesbian and bisexual workers against employment discrimination similar to the protection provided under Title VII of the Civil Rights Act of 1964.
* FMLA Expansion Act: Would expand coverage under the Family and Medical Leave Act to companies with at least 25 employees, as opposed to the 50-employee minimum in the current law.
* Healthy Families Act: Proposes that any company with at least 15 employees would be required to provide paid sick leave.
* Civil Rights Act of 2008: Legislation that would amend a number of employment laws affecting, for instance, discrimination charges involving age and pre-employment tests, and changing the rules under which disputes can go to arbitration.
I hope everyone has a great year!
Michelle McCormick- SCHMRMA Legislative Chair
HR Representative
Center for Family Health
2298 Springport Rd - Jackson, MI 49202
Phone: (517)784-3950 x324
Fax: (517)817-1681
Email: mmccormick@cfhinc.org
Website: www.centerforfamilyhealth.org
Opening the door to health care for all.
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