CHANGES IN LABOR AND EMPLOYMENT LAW AND REGULATIONS Mark Shank Gruber Hurst Johansen & Hail, LLP.
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Transcript of CHANGES IN LABOR AND EMPLOYMENT LAW AND REGULATIONS Mark Shank Gruber Hurst Johansen & Hail, LLP.
CHANGES IN LABOR AND CHANGES IN LABOR AND EMPLOYMENT LAW AND EMPLOYMENT LAW AND
REGULATIONSREGULATIONS
Mark ShankMark ShankGruber Hurst Johansen & Hail, LLPGruber Hurst Johansen & Hail, LLP
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 22
New Federal Employment New Federal Employment and Labor Legislationand Labor Legislation
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 33
Americans with Disabilities Act Americans with Disabilities Act (ADA) Amendments Act of 2008 (ADA) Amendments Act of 2008
Rejects strict interpretation of the definition of disability, Rejects strict interpretation of the definition of disability, and confirms broad coverage.and confirms broad coverage.Prohibits the consideration of mitigating measures.Prohibits the consideration of mitigating measures.Covers perception of impairment regardless of Covers perception of impairment regardless of whether actually disabled. whether actually disabled. Clarifies when reasonable accommodations are Clarifies when reasonable accommodations are required.required.Lists major life activities. Lists major life activities. Lists major bodily functions.Lists major bodily functions.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 44
Consumer Product Safety Consumer Product Safety Improvement Act of 2008Improvement Act of 2008
Establishes consumer product safety standards and other safety requirements for children's products; reauthorizes and modernizes the Consumer Product Safety Commission; and provides whistleblower protection for individuals who report violations of the Act.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 55
Emergency Economic Stabilization Act Emergency Economic Stabilization Act of 2008: Provisions Regarding Tax Relief of 2008: Provisions Regarding Tax Relief
for Tech Workers (Title VIII §103)for Tech Workers (Title VIII §103)
Effectively forgives tax debts owed on Effectively forgives tax debts owed on stock options affected by the stock options affected by the technology stock crash of 2000.technology stock crash of 2000.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 66
Emergency Economic Stabilization Emergency Economic Stabilization Act of 2008: Provisions Regarding Act of 2008: Provisions Regarding
Executive Compensation (Title I § 111; Executive Compensation (Title I § 111; Title III §302) Title III §302)
Imposes certain executive Imposes certain executive compensation requirements and tax compensation requirements and tax provisions for financial institutions that provisions for financial institutions that receive funds from the government receive funds from the government bailout bill.bailout bill.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 77
Genetic Information Genetic Information Nondiscrimination Act (GINA)Nondiscrimination Act (GINA)
Prohibits discrimination on the basis of Prohibits discrimination on the basis of genetic information with respect to genetic information with respect to health insurance and employment.health insurance and employment.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 88
Heroes Earnings Assistance and Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008Relief Tax (HEART) Act of 2008
Amends the Internal Revenue Code of Amends the Internal Revenue Code of 1986 to provide benefits for military 1986 to provide benefits for military personnel.personnel.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 99
Michelle’s LawMichelle’s Law
Amends the ERISA, the Public Health Amends the ERISA, the Public Health Service Act, and the IRC to ensure Service Act, and the IRC to ensure that dependent students who take that dependent students who take medical leave do not lose health medical leave do not lose health insurance coverageinsurance coverage. .
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 1010
Paul Wellstone and Pete Domenici Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Mental Health Parity and Addiction
Equity Act of 2008Equity Act of 2008
Requires most group health plans to Requires most group health plans to provide more generous coverage for provide more generous coverage for treatment of mental illnesses, treatment of mental illnesses, comparable to what they provide for comparable to what they provide for physical illnesses.physical illnesses.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 1111
Veterans’ Benefit Improvement Veterans’ Benefit Improvement Act (VIBA) of 2008Act (VIBA) of 2008
Improves and enhances compensation Improves and enhances compensation and pension, housing, labor and and pension, housing, labor and education, and insurance benefits for education, and insurance benefits for veterans. Also strengthens USERRA. veterans. Also strengthens USERRA.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 1212
Lilly Ledbetter Fair Pay Act of Lilly Ledbetter Fair Pay Act of 20072007
1) Amends: CRA ADEA ADA REHAB ACT
2) Limitations start again with each paycheck.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 1313
Proposed Federal Proposed Federal Employment and Labor Employment and Labor
LegislationLegislation
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 1414
Arbitration Fairness Act of 2007Arbitration Fairness Act of 2007
Would explicitly bar arbitration of employment disputes.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 1515
Airline Flight Crew Technical Airline Flight Crew Technical Corrections ActCorrections Act
Would extend coverage under the Would extend coverage under the FMLA to flight attendants and pilots.FMLA to flight attendants and pilots.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 1616
Civil Rights Act of 2008Civil Rights Act of 2008
Would restore, reaffirm, and Would restore, reaffirm, and reconcile legal rights and remedies reconcile legal rights and remedies under civil rights statutes.under civil rights statutes.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 1717
Civil Rights Tax Relief Act of Civil Rights Tax Relief Act of 2007 2007
Would end taxation of non-economic Would end taxation of non-economic damages awarded to plaintiffs in damages awarded to plaintiffs in employment cases and would reduce the employment cases and would reduce the taxes that employees pay on monies taxes that employees pay on monies awarded as back-pay in a lump sum by awarded as back-pay in a lump sum by allowing the employee-taxpayer to allowing the employee-taxpayer to average their recoveries over the years in average their recoveries over the years in which they would have earned them.which they would have earned them.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 1818
Employee Free Choice ActEmployee Free Choice Act
Would make it easier for employees to Would make it easier for employees to form unions by amending the National form unions by amending the National Labor Relations Act. Labor Relations Act.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 1919
Employee Misclassification Employee Misclassification Prevention ActPrevention Act
Would amend the FLSA to require Would amend the FLSA to require employers to keep records of non-employers to keep records of non-employees who perform labor or services employees who perform labor or services for remuneration and to provide a special for remuneration and to provide a special penalty for employers who misclassify penalty for employers who misclassify employees as non-employees.employees as non-employees.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 2020
Employee Non-Discrimination Employee Non-Discrimination Act (ENDA)Act (ENDA)
Would prohibit employment Would prohibit employment discrimination on the basis of discrimination on the basis of sexual orientation and gender sexual orientation and gender identity. identity.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 2121
Equality for Workers Under Equality for Workers Under ERISA Act of 2007ERISA Act of 2007
Would amend Title I of ERISA to Would amend Title I of ERISA to require de novo review of claims require de novo review of claims determinations made by employee determinations made by employee benefit plans.benefit plans.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 2222
Equal Remedies Act of 2007Equal Remedies Act of 2007
Would remove the damage caps in Title Would remove the damage caps in Title VII and the ADA which are based on the VII and the ADA which are based on the number of employees of the defendant number of employees of the defendant employer. Would also extend the Title employer. Would also extend the Title VII statute of limitations and eliminate VII statute of limitations and eliminate the requirement that Title VII plaintiffs the requirement that Title VII plaintiffs file with the EEOC.file with the EEOC.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 2323
False Claims Act Corrections Act False Claims Act Corrections Act of 2007of 2007
Would attempt to clarify certain Would attempt to clarify certain provisions of the False Claims Act: (1) provisions of the False Claims Act: (1) the scope of FCA liability, (2) the the scope of FCA liability, (2) the conditions under which a federal conditions under which a federal employee can file a qui tam action, and employee can file a qui tam action, and (3) the public disclosure bar.(3) the public disclosure bar.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 2424
Federal Employees Paid Parental Federal Employees Paid Parental Leave Act of 2008Leave Act of 2008
Would provide that 4 to 8 of the 12 Would provide that 4 to 8 of the 12 weeks of parental leave made available weeks of parental leave made available to a Federal employee shall be paid to a Federal employee shall be paid leave, and for other purposes.leave, and for other purposes.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 2525
Federal Employee Protection of Federal Employee Protection of Disclosures ActDisclosures Act
Would amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices and related provisions.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 2626
Forewarn Act of 2007Forewarn Act of 2007
Would amend WARN to:Would amend WARN to:
a)a) Apply to 50 vs. 100 Apply to 50 vs. 100 Employees;Employees;
b)b) 90-day Notices vs. 60;90-day Notices vs. 60;
c)c) Broader group of persons Broader group of persons who who receive Notices; andreceive Notices; and
d)d) Stiffer penalties.Stiffer penalties.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 2727
Healthy Families ActHealthy Families Act
Paid sick leave for personal and Paid sick leave for personal and family health needs. family health needs.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 2828
Independent Contractor Proper Independent Contractor Proper Classification Act of 2007Classification Act of 2007
1)1) Narrow Definition;Narrow Definition;
2)2) More power to IRS and DOL;More power to IRS and DOL; and and
3)3) Stiffer penalties.Stiffer penalties.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 2929
Paycheck Fairness ActPaycheck Fairness Act
Would amend the FLSA to provide Would amend the FLSA to provide stiffer penalties for wage stiffer penalties for wage discrimination.discrimination.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 3030
Protecting America’s Workers Protecting America’s Workers ActAct
Would amend OSHA to a) expand Would amend OSHA to a) expand coverage, b) increase protections for coverage, b) increase protections for whistleblowers, and c) increase whistleblowers, and c) increase penalties.penalties.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 3131
Renewable Energy and Job Renewable Energy and Job Creation Tax Act of 2008Creation Tax Act of 2008
Would provide for uniform Would provide for uniform treatment of attorney-advance treatment of attorney-advance expenses and court costs in expenses and court costs in contingency fee cases. contingency fee cases.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 3232
Title VII Fairness ActTitle VII Fairness Act
Would amend Title VII to clarify Would amend Title VII to clarify the filing period applicable to the filing period applicable to charges of discrimination charges of discrimination
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 3333
Whistleblower Protection Whistleblower Protection Enhancement Act of 2007Enhancement Act of 2007
Would amend Title 5 of the United Would amend Title 5 of the United States Code to clarify which States Code to clarify which disclosures of information are disclosures of information are protected from prohibited personnel protected from prohibited personnel practices. practices.
Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 3434
Workplace Religious Freedom Workplace Religious Freedom ActAct
Would amend Title VII to establish Would amend Title VII to establish provisions with respect to religious provisions with respect to religious accommodation in employment.accommodation in employment.