labor lawAdivision of labor law center

As predicted, the federal government extended the COBRA subsidy on March 2, 2010. The Temporary Extension Act of 2010 results in a continued COBRA premium subsidy to American workers who are unemployed through no fault of their own. In addition, the act extends the subsidy from 9 months to 15 months for many affected workers.

The COBRA subsidy extension applies to employees who are involuntarily terminated between September 1, 2008 and March 31, 2010.

Under a new provision of the COBRA subsidy, workers who are terminated involuntarily on or after March 2, 2010 are eligible if that termination follows a qualifying event that was a reduction of hours. The qualifying event must have occurred between September 2, 1008 and March 31, 2010. For example, if an employee’s hours were reduced in November 2009 and he is subsequently laid off after March 2, 2010, he will qualify for the COBRA premium reduction.

The current premium reduction lasts for 15 months and applies to employees who were laid off on or after February 17, 2009. Some of these employees have already had the COBRA subsidy for 9 months. (more…)

The U.S. Department of Labor continues to work on new FMLA regulations related to leave for military families.

Under the bill approving the military budget, the National Defense Authorization Act, the president expanded FMLA to military families when the soldier is deployed in a foreign country.

The FMLA leave that was granted to members of the Reserve and National Guard under the 2009 regulations is now extended to families of armed services members who are on active duty in a foreign country.  

The new regulations are expected to be (more…)

A federal mandatory sick leave law may soon be passed. That law would require employers to give workers paid sick leave and to display a poster notifying employees of their right to sick leave.

The House Education and Labor Committee continues to consider provisions of HR 3991, the House Emergency Influenza Containment Act. The bill, introduced by Rep. George Miller of California, would require that employers provide 5 paid sick days to employees.

Part of the impetus for this action is the H1N1 influenza virus, also called the Swine Flu. Federal legislators have been considering a mandatory sick leave law for more than (more…)

It is highly likely that on or shortly after March 1, President Obama will extend the current COBRA premium subsidy through December 2010. In the most likely scenario, employees terminated between March 1, 2010 and December 31, 2010 would qualify for the COBRA subsidy for 12 months.

If passed, this extension will mean another round of COBRA notifications for overworked HR pros.

Currently, workers who lost their jobs (through no fault of their own) between September 1, 2008 and (more…)

The EEOC or Equal Employment Opportunity Commission has reported an alarming rise in sexual harassment of young adults in the workplace. According to a recent report, such complaints have risen 76%. In one Maine study, 1 in 3 high school students reported unwanted sexual advances in the workplace.

Many of the incidents reported involve high school students or recent graduates working in restaurants, including fast food franchises. Others involve interns at prestigious corporations.

According to one unnamed EEOC attorney, “It’s an incredibly serious problem. Employers that choose to use high school kids to work have a responsibility to protect these young people.  We don’t want them to be fondled, we don’t want them to be raped.”

While the majority of the complaints involve females under 18, complaints of sexual harassment involving young male employees are also up.

In one of the most disturbing cases, a 16-year-old fast food worker was (more…)