2009 is a year of change in the area of labor and employment law. Employers should keep an eye on several bills are pending at the federal level.
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Federal Legislative Update
By Christopher W. Olmsted
2009 is a year of change in the area of labor and employment law. Employers should keep an eye on several bills are pending at the federal level.
Paid FMLA Leave
Legislation pending in the House would make FMLA leave paid. Currently, FMLA leave is unpaid unless the employer voluntarily provides sick pay, vacation or other paid time off. HR 1723 would pay employees on leave between 100% and 40% of regular pay, depending on how much they earn, for up to twelve weeks. The benefit would be funded by payroll taxes. Interestingly, the bill would also add paid leave related to the care of domestic partners, grandchildren, grandparents, or siblings, none of whom are mentioned in the FMLA.
California already has a paid leave program, known as Paid Family Leave (PFL), administered by the EDD. Under the federal legislation, states would be entitled to implement their own paid leave systems as long as the benefits were at least as generous.
EFCA
As reported in our February 2009 issue (http://www.barkerolmsted.com/news/legal-updates/newsletter0104.php), the Employee Free Choice Act (EFCA) seeks to change the federal National Labor Relations Act by among other things allowing unions to bypass the traditional secret election ballot and allow workers to be certified as a bargaining unit if a majority of workers signed cards indicating their support for a union.
Although many legal and political commentators were suggesting that the legislation would pass early on in the Obama presidency, the legislation has lost steam. Key supporters, such as California Senator Diane Feinstein, have withdrawn support in light of the recession. The legislation has been roundly criticized among corporate ranks, and has been widely trumpeted among unions and other labor advocates.
The bill, known in the House as H.R. 1409 and Senate bill S. 560, was introduced on March 10, 2009. The timing for consideration of the bills is uncertain at this time.
E-Verify
Currently pending before the House of Representatives is H.R. 662, which would reauthorize the E-Verify program for five years.
Under the current law, private industry employers may voluntarily participate in E-Verify. Participating employers can check the work status of new hires online by comparing information from an employee's I-9 form against SSA and Department of Homeland Security databases. More than 87,000 employers are enrolled in the program, with over 6.5 million queries run so far in fiscal year 2008.
In related news, unless extended further on account of pending litigation, federal contractors and subcontractors will be required to begin using the E-Verify system starting June 30, 2009. Employers should note that several states and local governments have mandated contractors to use E-Verify.
More Legal Update articles.
Download entire May 2009 Legal Update in PDF format.
This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2009 by Barker Olmsted & Barnier, APLC. San Diego, California. All rights reserved.
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