labor lawAdivision of labor law center

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…)

Smoking will be prohibited in all public places and indoor workplaces including restaurants, hotels and bars under the Michigan Smoking Ban. Under the law, the “workplace” is defined as any place that serves food or drink and has at least one employee.

Smoking will still be permitted in vehicles, even those vehicles used for work. It will also be permitted in home offices, according to the Detroit Free Press.

As we previously reported, Michigan is the 38^th state to pass a smoking ban, which becomes effective on May 1, 2010. An exception to the ban will permit smoking on the gambling floor of the Detroit-area casinos, while prohibiting smoking in casino bars, restaurants and hotels.

Hookah bars and cigar bars can continue to operate as long as they do not serve any food or beverages. Smoking is banned on the outdoor patios of restaurants, and in all hotel rooms. Workers on construction sites are permitted to smoke outside, but not inside.

This law is the result of a decade-long effort by Michigan legislators, mostly Democrats, to implement a smoking ban. A recent survey shows that 66% of Michigan voters support some type of smoking ban.

Employers must post appropriate non-smoking signs throughout the workplace, especially at entrances and exits. Ashtrays and other smoking implements are prohibited. If an employee is caught smoking, the employee will be subject to tickets, fines and penalties. The fine is $100 for the first violation and up to $500 for subsequent violation. This also applies to customers, (more…)

The federal EEOC just published new regulations that redefine disability under the Americans with Disabilities Act.

The new regulations specifically address the definition of disability within the ADAAA of 2008, which has been in effect since January 1, 2009.

Under the new rule, certain impairments will create a presumption of disability. These impairments include epilepsy, diabetes, multiple sclerosis, developmental disabilities, deafness, blindness, use of a wheelchair due to mobility problems, autism, cerebral palsy, HIV/AIDS, muscular dystrophy, major depression, bipolar disorder, partial or complete amputations, post-traumatic stress disorder, obsessive-compulsive disorder and schizophrenia.

The new ADA rules mean that an employee who has been diagnosed with any of those conditions is presumed to be disabled and entitled to reasonable accommodation.

This may seem to be a common-sense approach to disabilities, but it has not always been so.

Under the old rules, each employee claiming a disability had to individually demonstrate that the condition limited one or more major life activities. A very large company might have 10 blind employees. Each blind employee would have to individually prove that blindness impaired their performance at one or more major life activities like reading, walking, using a phone book, using public transportation, cooking, shopping, personal grooming, etc.

An individualized assessment of whether a substantial limitation exists should still be done, according to the EEOC. However, the federal agency claims this “can be done very quickly and easily with respect to these types of impairments, and will consistently result in a finding of disability.”

Employers should note that the list of impairments is not exhaustive. Other conditions (more…)

A recent 7^th Circuit Court of Appeals ruling limits USERRA scheduling provisions for National Guard Members nationwide.

Under the USERRA or Uniformed Services Employment and Reemployment Rights Act, employers must allow members of the military to take time off for National Guard duty and training. Other provisions of the USERRA apply to employees or former employees on active military duty.

The law also requires that employers prominently display a USERRA poster, even when they have no employees who are covered under the law.

The lawsuit involved the city of Mount Vernon, Illinois. Several city police officers were also National Guard members. In the past, the city allowed the officers to use their vacation, sick or personal leave for National Guard training. This allowed the police officers to collect their full city salary, plus military pay, for the days they were away with the National Guard.

In addition, in the past Mt. Vernon allowed National Guard members to rearrange their work schedules when they conflicted with military obligations. By “bumping” other employees, a National Guard member could arrange his or her days off so that on National Guard weekends, the employee received full pay from both the city and the military, (more…)

Every employer should have begun using the new, updated I-9 form no later than April 3, 2009.

The biggest difference in the new I-9 form and the previous version is that expired identity documents will no longer be accepted on the new form.

The USCIS or Citizenship and Immigration Services notes that the Department of Homeland Security wanted to ensure that “documents presented for use in the Form I-9 process must be valid and reliably establish both identity and employment authorization.” The DHS adds that expired documents may not contain the workers valid status. They are also more prone to tampering and fraudulent use, than unexpired documents.

The new I-9 form also eliminates several documents from List A, items that establish both identity and employment authorization. These include Forms I-688, I-688A and I-688B, temporary resident cards and outdated employment authorization cards.

The newest I-9 form also adds a number of documents to List A, including: (more…)