Whew! Well it certainly has been awhile since I last posted here but no more excuses!! It's so busy out there in the Human Resource world and I have some great posts on recent laws and requirements just in time for the new year!
While I finish up pieces on the passage of the Americans with Disabilities Amendments Act (ADAA) and the recent release of the Family Medical Leave (FMLA) Final Rules, here are some major legislation changes Congress will be evaluating in 2009:
Employee Freedom of Choice Act (EFCA) – this Act in it’s current form would make it possible for unions to organize new workplaces by getting a majority of employees to sign up through Authorization Cards. This card-check approach would eliminate the secret ballot election. In addition, it would require binding arbitration on first contracts after 120 days.
Fair Pay Act of 2007 – Amends the Equal Pay Act and FSLA and would set up a “comparable worth” pay system which would compare jobs for equal pay based on gender, race, and national origin. A violation would occur if an employer pays lower wages for a certain job that is dominated by a particular gender, race or national origin if the wages are lower then that which the employer pays for another job that is dominated by the opposite gender, race, or national origin.
Working Families Flexibility Act – would require employers to negotiate with individual employees over work hours, schedule, and location. Under the Act within 14 days of a request for a change in working conditions and employer must schedule a meeting with the employee to discuss the request and must provide them with a written decision 14 days later. If the decision is to reject the request the written decision must state the grounds for the rejection including:
o The cost of a change in a condition of employment (i.e. lower productivity)
o The overall financial resources involved;
o Geographic challenges
o The effect of the change on the employer’s ability to meet customer demand
Healthy Families Act – this Act would mandate that employers provide 7 days of sick leave with pay and employment benefits annually for employees working 30 hours per week or more. In addition, a pro rata number of days or hours of sick pay would also be given to employees who work less then 30 hours per week or 1,500 hours throughout a calendar year.
Although these Acts may or may not be passed in 2009, the growing number of employee friendly laws (i.e. paid sick days, anti-discrimination, paid Leave of Absences) in state and city legislatures indicate that the Federal Government will soon follow their example.
