labor lawAdivision of labor law center

Both the US House and the Senate have tabled ENDA for the present. Efforts to pass the Employment Non-Discrimination Act will clearly continue in 2010, but success is far from certain.

In early December 2009, the House Education and Labor Committee failed to reschedule a cancelled November markup session for the bill, also referred to as H.R. 3017.

ENDA would prohibit discrimination based on sexual orientation nationwide. While a number of states including California, New York, New Jersey and Illinois currently have statutes that prohibit employment discrimination based on sexual orientation, there is no ban under federal law.

Key issues under discussion include the focus on attorney fees and whether victims of job bias could seek relief under ENDA and Title VII of the Civil Rights Act.

At least some members of Congress are optimistic that ENDA (more…)

Effective November 21, 2009 employers are required to display a new federal poster. Employers must display a GINA poster in an area where all employees can see it.

This new federal posting requirement applies to virtually every employer, even if they never engage in genetic testing.

GINA, of course, is the Genetic Information Nondisclosure Act of 2008. Under GINA, employers are prohibited from gathering information on an employee’s genetic makeup. Employers are also prohibited from considering an employee’s genetic information in making employment decisions.

Health insurance providers cannot discriminate against consumers, based on genetic information under GINA. For example, a health insurance company could not refuse to cover an individual, simply because her mother, grandmother and aunt all had breast cancer. Even if genetic testing showed that the consumer had a gene for breast cancer, that alone would not be sufficient cause for the health insurance company to deny her coverage.

The GINA prohibition on gathering genetic information also includes taking information on an employee’s family medical history – especially hereditary illnesses like heart disease, breast cancer, diabetes, arthritis, Alzheimer’s, and other inherited conditions.

GINA covers a wide variety of mental health conditions including depression, (more…)

As daily readers of this blog know, the ARRA or American Recovery and Reinvestment Act of 2009 provides for extended COBRA coverage at reduced cost for many unemployed workers.

COBRA, or the Consolidated Omnibus Budget Reconciliation Act of 1985, permits employees to extend their group health insurance coverage for up to 18 months when they lose coverage due to unemployment, a reduction in hours, divorce, or similar circumstances. COBRA also applies to dependents who lose group health insurance coverage for similar reasons, or due to the employee’s death. Employees who are fired for gross misconduct are not eligible for COBRA coverage.

The big news is that ARRA allows employees to pay just 35% of their usual COBRA premium. It also gives eligible employees a special period to sign up for COBRA coverage. This COBRA premium reduction covers any worker who has lost their job between September 1, 2008 and December 31, 2009.

Under the COBRA Premium Reduction, the employee can pay just 35% of the usual COBRA premium. The employer pays the remaining 65% of the premium, and then takes a tax credit on the quarterly federal payroll taxes. In this way, the federal government is picking up the tab on 65% of the employees group health insurance premium, and there is no gap in healthcare coverage.  

The COBRA Premium Reduction under the 2009 stimulus package applies for a maximum of 9 months.

Employees who did not opt to take advantage of COBRA coverage have a second chance (more…)

The District of Columbia recently released rules that will end employer’s confusion regarding the controversial Accrued Sick and Safe Leave Act of 2008.

That law requires all employers to provide paid sick leave to eligible employees working in the District of Columbia for any absences related to physical or mental illness. The law also requires employers to give workers paid time off for preventative medical care or family care.

One of the more unusual aspects of the law is that it requires employers to give “safe” leave to employees who are associated with stalking, domestic violence or sexual abuse.

The Accrued Sick and Safe Leave Act of 2008 went into effect on November 13, 2008. However, the D.C. Department of Employment Services or DOES just recently issued regulations for employers to follow.

Employers can comment on the “proposed” rules. Once the (more…)

Workers in New York State who wish to donate blood may take up to 3 hours of leave annually to go to blood drives off the worksite.

The opportunity is thanks to the New York Employee Blood Donation Leave law, which is enforced by the New York Department of Labor.

Encouraging participation in blood drives, the law requires that employers allow their workers to take the time off during their regularly schedule hours without fear of reprisal or pressure. There are limits on blood drive leave, of course. Workers may not carry the time over from one year to the next. Just because a worker fails to use 3 hours of leave in 2008 does not mean she or he is entitled to 6 hours in 2009.

Every New York employer must display a New York Blood Donation poster.

Blood donation leave must be offered above and beyond existing vacation time, sick leave, or personal leave. The employee must have (more…)