labor lawAdivision of labor law center

The Society of Human Resource Management (SHRM) has successfully petitioned the Obama administration to delay implementation of a law requiring some employers to use E-Verify when checking on new employees’ immigration and work status.

SHRM’s director of government affairs, Mike Aitken, said the human resources professionals’ organization is hoping that the Obama team’s delay “signals an interest, on the part of the government, to re-evaluate the rule.” According to the rules approved under the Bush administration, contractors would be required to use E-Verify to insure that any employees on federal projects were legally allowed to work in the U.S.

The original date for plan compliance was January 1, 2009. The new deadline is May 21, 2009.

Mr. Aitken said the SHRM was concerned (more…)

The U.S. Department of Labor recently issued final rules under the Newborns’ and Mothers’ Health Protection Act of 1996. These new regulations take effect on December 19, 2008, according to a recent news bulletin by the SHRM, the Society of Human Resource Management.  The regulations apply to health insurance plans issued on or after January 1, 2009.

The rules were issued in conjunction with the U.S. Department of Health and Human Services and the Treasury Department. The rules apply to group health plans and health insurers, including businesses that are self-ensured.

The new U.S. Department of Labor rule extends the length of time mothers and newborn babies may stay in the hospital, following childbirth.

Under the “general rule”, employers or their healthcare plans cannot limit benefits for a hospital stay after a normal delivery to 48 hours. However, the employer or healthcare plan cannot restrict the hospital stay to a shorter period. In addition, employers can (more…)

According to the EEOC, Pregnancy discrimination complaints are on the rise. Between 1992 and this year, complaints increased by 65%. Part of that increase is due to the increase in the number of women with infants who work…but not all of it.

Employers can ensure that their companies don’t become the target of pregnancy discrimination claims by properly training supervisors, having strong HR policies, and using an FMLA Administrator Kit.

Many issues regarding pregnancy discrimination can be addressed by properly administering FMLA. Under the federal Family and Medical Leave Act or FMLA, employees are entitled to up to 12 weeks of unpaid leave for a variety of serious health conditions, including pregnancy.

In addition, the Pregnancy Discrimination Act requires that employers not discriminate against pregnant employees. The employer cannot (more…)