labor lawAdivision of labor law center

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…)

The COBRA subsidy is one of the most notable features of the ARRA or American Recovery and Reinvestment Act signed into law on February 17, 2009. 

The employee will pay just 35% of the usual COBRA premium. Under this plan, employees who lose healthcare coverage due to terminate will qualify for a 65% government subsidy on continued group insurance coverage under COBRA.

A new U.S. Department of Labor COBRA subsidy fact sheet outlines this program.

Under this program, the employer still pays the entire healthcare premium to the insurance company. The employer can then deduct 65% of the total premium from his or her payroll taxes.

Suppose a former employee of the XYZ Corp. normally pays $900 for COBRA coverage. Under the ARRA COBRA subsidy, the employee pays 35% of that amount, (more…)

Many employers have questions regarding the COBRA subsidy under ARRA, the American Recovery and Reinvestment Act of 2009.

One of the key features under the ARRA is a 65% subsidy to provide COBRA continued healthcare coverage to the unemployed.

Employers need to realize that regulations are still being written for this law that went into effect on February 17, 2009. We will continue to update employers as new regulations are published.

COBRA, of course, is the Consolidated Omnibus Budget Reconciliation Act, a law that permits employees who have lost their jobs to continue their group insurance coverage for up to 18 months. COBRA also applies to dependents of ensured employees, and to employees who lose coverage because their hours have been reduced.

Only employers with 20 or more (more…)

Effective February 1, 2009 every employer should have posted an OSHA 300A summary of work-related injuries, illnesses and accidents in 2008.

Employers are required to post only the summary, not the entire OSHA 300 log each year.

Some information on the OSHA 300A should be kept confidential by omitting the employees name or the nature of the injuries. If a female employee is sexually assulated in the workplace, for example, her name and the exact nature of the injury should not be listed. Any illness or injury that could potentially be embarrassing to the employee, should not be specified. For example, if a male employee suffered a serious injury to the groin area might only be listed as “laceration.”

The OSHA 300A summary of workplace injuries should remain posted until April 30, 2009. The record serves in part to remind employers and employees of potential hazards i (more…)

Many employers have questions about the COBRA subsidies offered under the Obama administration’s stimulus plan, which was signed into law on February 17, 2009.

The  ARRA, or American Recovery and Reinvestment Act of 2009, included a provision to subsidize extended health insurance coverage under COBRA, for some eligible employees.

The plan applies only to an “assistance eligible individual” or AEI who is laid off through no fault of his or her own, or is a dependent of a laid-off employee.

The subsidy applies beginning March 1, 2009 for employers who use calendar months for healthcare coverage.

Under the plan, the employee pays just 35% of his or her COBRA health care premium. The employer pays the other 65% of the COBRA premium. Employers can then take a tax credit (more…)