"Short List" of Employment Law Updates, New & Pending/Potential Legislation

If you’re responsible for any of the administration of these laws/regulations, you’ll want to be familiar with them.

ADAAA - American’s with Disabilities Act Amendments Act

Effective January 1, 2009

FMLA - Family Medical Leave Act

Effective January 16, 2009

• 2 types of leaves have been added

• Clarifications/additions have been made for Employers of 50 or more employees
• New Required Notices have been released.   Sample Forms are available.   Type in the key word FMLA - USE THEM.

GINA - (Genetic Non-Discrimination in Employment Act)

GINA applies to any employer with more than 15 employees, and to all health insurance plans.  The GINA is far-reaching in that it amends or touches upon many laws including the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, the Internal Revenue Code of 1986, Title XVIII (Medicare) of the Social Security Act, and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Effective:

Health Insurers/Group Health Plan provisions:  May 2009

Bars health insurers and group health plans from using genetic information to 

discriminate against individuals with respect to participant eligibility or premiums.

Employment Law provisions:  November 1, 2009

Prohibits employers from discriminating against employees on the basis of their genetic information or the genetic information of their family members.

Lilly Ledbetter Fair Pay Act

Effective:  Retroactive to May 28, 2007 (to pay claims pending on or before May 28, 2007).  

Awards are limited to 2 years prior to filing date.

Minimum Wage Increases:

Current:  Fed’l $6.55 

Effective July 24, 2009 - Fed’l $7.25

Note: Where Federal and state law have different minimum wage rates, the higher standard applies.  (e.g. Colorado).  Click here to find the minimum wage by state.  

Form I-9 New Form has (Rev. 02/02/09) N in the lower right hand corner.

Effective for all updates and new hires after April 3, 2009

Ensure you are using the most up to date form as civil penalties are at risk.  

• Revised list of documents

• Expired documents are no longer acceptable
• Revised Employee attestation section

HIPAA (Health Insurance Portability and Accountability Act)

The federal economic stimulus package (the "American Recovery and Reinvestment Act of 2009”) includes extensive changes to HIPAA privacy laws governing use and disclosure of Protected Health Information ("PHI"). 

• “Covered entities" and their business associates must implement numerous additional safeguards to protect PHI. 
• Extends certain privacy and security rules to "business associates" directly. 
• Establishes new notification requirements in the event of a security breach of PHI (protected health information) 
• Prescribes additional disclosure requirements relating to electronic health records.  
• Increases enforcement and penalties associated with violations of the privacy and security rules.

COBRA (Consolidated Omnibus Reconciliation Act)

Also included in the stimulus package are changes to COBRA. 

• Certain employees who are eligible for COBRA continuation health coverage may receive a subsidy for 65% of the premium. These employees are required to pay only 35% of the premium. 
• Employers may recover the subsidy provided to these individuals by taking the subsidy amount as a credit on its quarterly employment tax return. 
• Employers may provide the subsidy —and take the credit on its employment tax return —only after it has received the 35% premium payment from the individual.  
• For more information, including copies of the revised COBRA Notices your company may be required to send, log onto:   http://www.dol.gov/ebsa/newsroom/fsCOBRApremiumreduction.html

More on the horizon:

• Additional amendments to FMLA 
• Arbitration Fairness Act 
• Blacklisting of Federal Contractors 
• Civil Rights Act of 2009 
• Employee Free Choice Act 
• Employment Non-Discrimination Act 
• Ergonomics 
• Family-Friendly Workplace Act/Comp Time in Lieu of Overtime for Private Employers 
• Federal Contractor E-Verify Requirements 
• Further revisions to I-9 and E-Verify Requirements
• Healthy Families Act/Paid Sick Leave 
• Patriot Employers Act
• Paycheck Fairness Act 
• Revisions to FLSA 
• Colorado Parental Leave Act

Don’t think for a minute this list is exhaustive (exhausting, yes).  

Be aware, Federal and State regulatory agencies are stepping up the use of audits (aka: field training) to help with government funding.  As an example, until recently these audits had been rare, however employment attorneys are finding the number of Affirmation of Legal Work Status in Colorado (goes along with the Form I-9) audits are up.  If the employer is found to have disregarded the terms of the Statute, they may be fined for the first offense up to $5,000 and $25,000 for each subsequent offense.    

Stay tuned.  

 

Terri Albee, CCP, is managing partner of HR Ops Team LLC, which provides scalable and affordable human resources services, ensuring human resources structures are in legal compliance, streamlined for funding or exit events, or just optimized for day-to-day operations.  Terri has planned and managed HR operations in a variety of industry verticals from start-up organizations to the Fortune 500, domestically and globally.  Her experience encompasses design, implementation, compliance and management of compensation, benefit and equity plans at all levels.

Comments

[working girl]

This is a really great summary!

[Terri Albee]

Working Girl, I'm glad you like it, I hope you find it useful.