changes in labor and employment law and regulations mark shank gruber hurst johansen & hail, llp

CHANGES IN LABOR AND CHANGES IN LABOR AND EMPLOYMENT LAW AND EMPLOYMENT LAW AND

REGULATIONSREGULATIONS

Mark ShankMark ShankGruber Hurst Johansen & Hail, LLPGruber Hurst Johansen & Hail, LLP

Gruber Hurst Johansen & Hail, LLP Gruber Hurst Johansen & Hail, LLP 22

New Federal Employment New Federal Employment and Labor Legislationand Labor Legislation


Americans with Disabilities Act Americans with Disabilities Act (ADA) Amendments Act of 2008 (ADA) Amendments Act of 2008

Rejects strict interpretation of the definition of disability, Rejects strict interpretation of the definition of disability, and confirms broad coverage.and confirms broad coverage.Prohibits the consideration of mitigating measures.Prohibits the consideration of mitigating measures.Covers perception of impairment regardless of Covers perception of impairment regardless of whether actually disabled. whether actually disabled. Clarifies when reasonable accommodations are Clarifies when reasonable accommodations are required.required.Lists major life activities. Lists major life activities. Lists major bodily functions.Lists major bodily functions.


Consumer Product Safety Consumer Product Safety Improvement Act of 2008Improvement Act of 2008

Establishes consumer product safety standards and other safety requirements for children's products; reauthorizes and modernizes the Consumer Product Safety Commission; and provides whistleblower protection for individuals who report violations of the Act.


Emergency Economic Stabilization Act Emergency Economic Stabilization Act of 2008: Provisions Regarding Tax Relief of 2008: Provisions Regarding Tax Relief

for Tech Workers (Title VIII §103)for Tech Workers (Title VIII §103)

Effectively forgives tax debts owed on Effectively forgives tax debts owed on stock options affected by the stock options affected by the technology stock crash of 2000.technology stock crash of 2000.


Emergency Economic Stabilization Emergency Economic Stabilization Act of 2008: Provisions Regarding Act of 2008: Provisions Regarding

Executive Compensation (Title I § 111; Executive Compensation (Title I § 111; Title III §302) Title III §302)

Imposes certain executive Imposes certain executive compensation requirements and tax compensation requirements and tax provisions for financial institutions that provisions for financial institutions that receive funds from the government receive funds from the government bailout bill.bailout bill.


Genetic Information Genetic Information Nondiscrimination Act (GINA)Nondiscrimination Act (GINA)

Prohibits discrimination on the basis of Prohibits discrimination on the basis of genetic information with respect to genetic information with respect to health insurance and employment.health insurance and employment.


Heroes Earnings Assistance and Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008Relief Tax (HEART) Act of 2008

Amends the Internal Revenue Code of Amends the Internal Revenue Code of 1986 to provide benefits for military 1986 to provide benefits for military personnel.personnel.


Michelle’s LawMichelle’s Law

Amends the ERISA, the Public Health Amends the ERISA, the Public Health Service Act, and the IRC to ensure Service Act, and the IRC to ensure that dependent students who take that dependent students who take medical leave do not lose health medical leave do not lose health insurance coverageinsurance coverage. .


Paul Wellstone and Pete Domenici Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Mental Health Parity and Addiction

Equity Act of 2008Equity Act of 2008

Requires most group health plans to Requires most group health plans to provide more generous coverage for provide more generous coverage for treatment of mental illnesses, treatment of mental illnesses, comparable to what they provide for comparable to what they provide for physical illnesses.physical illnesses.


Veterans’ Benefit Improvement Veterans’ Benefit Improvement Act (VIBA) of 2008Act (VIBA) of 2008

Improves and enhances compensation Improves and enhances compensation and pension, housing, labor and and pension, housing, labor and education, and insurance benefits for education, and insurance benefits for veterans. Also strengthens USERRA. veterans. Also strengthens USERRA.


Lilly Ledbetter Fair Pay Act of Lilly Ledbetter Fair Pay Act of 20072007

1) Amends: CRA ADEA ADA REHAB ACT

2) Limitations start again with each paycheck.


Proposed Federal Proposed Federal Employment and Labor Employment and Labor

LegislationLegislation


Arbitration Fairness Act of 2007Arbitration Fairness Act of 2007

Would explicitly bar arbitration of employment disputes.


Airline Flight Crew Technical Airline Flight Crew Technical Corrections ActCorrections Act

Would extend coverage under the Would extend coverage under the FMLA to flight attendants and pilots.FMLA to flight attendants and pilots.


Civil Rights Act of 2008Civil Rights Act of 2008

Would restore, reaffirm, and Would restore, reaffirm, and reconcile legal rights and remedies reconcile legal rights and remedies under civil rights statutes.under civil rights statutes.


Civil Rights Tax Relief Act of Civil Rights Tax Relief Act of 2007 2007

Would end taxation of non-economic Would end taxation of non-economic damages awarded to plaintiffs in damages awarded to plaintiffs in employment cases and would reduce the employment cases and would reduce the taxes that employees pay on monies taxes that employees pay on monies awarded as back-pay in a lump sum by awarded as back-pay in a lump sum by allowing the employee-taxpayer to allowing the employee-taxpayer to average their recoveries over the years in average their recoveries over the years in which they would have earned them.which they would have earned them.


Employee Free Choice ActEmployee Free Choice Act

Would make it easier for employees to Would make it easier for employees to form unions by amending the National form unions by amending the National Labor Relations Act. Labor Relations Act.


Employee Misclassification Employee Misclassification Prevention ActPrevention Act

Would amend the FLSA to require Would amend the FLSA to require employers to keep records of non-employers to keep records of non-employees who perform labor or services employees who perform labor or services for remuneration and to provide a special for remuneration and to provide a special penalty for employers who misclassify penalty for employers who misclassify employees as non-employees.employees as non-employees.


Employee Non-Discrimination Employee Non-Discrimination Act (ENDA)Act (ENDA)

Would prohibit employment Would prohibit employment discrimination on the basis of discrimination on the basis of sexual orientation and gender sexual orientation and gender identity. identity.


Equality for Workers Under Equality for Workers Under ERISA Act of 2007ERISA Act of 2007

Would amend Title I of ERISA to Would amend Title I of ERISA to require de novo review of claims require de novo review of claims determinations made by employee determinations made by employee benefit plans.benefit plans.


Equal Remedies Act of 2007Equal Remedies Act of 2007

Would remove the damage caps in Title Would remove the damage caps in Title VII and the ADA which are based on the VII and the ADA which are based on the number of employees of the defendant number of employees of the defendant employer. Would also extend the Title employer. Would also extend the Title VII statute of limitations and eliminate VII statute of limitations and eliminate the requirement that Title VII plaintiffs the requirement that Title VII plaintiffs file with the EEOC.file with the EEOC.


False Claims Act Corrections Act False Claims Act Corrections Act of 2007of 2007

Would attempt to clarify certain Would attempt to clarify certain provisions of the False Claims Act: (1) provisions of the False Claims Act: (1) the scope of FCA liability, (2) the the scope of FCA liability, (2) the conditions under which a federal conditions under which a federal employee can file a qui tam action, and employee can file a qui tam action, and (3) the public disclosure bar.(3) the public disclosure bar.


Federal Employees Paid Parental Federal Employees Paid Parental Leave Act of 2008Leave Act of 2008

Would provide that 4 to 8 of the 12 Would provide that 4 to 8 of the 12 weeks of parental leave made available weeks of parental leave made available to a Federal employee shall be paid to a Federal employee shall be paid leave, and for other purposes.leave, and for other purposes.


Federal Employee Protection of Federal Employee Protection of Disclosures ActDisclosures Act

Would amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices and related provisions.


Forewarn Act of 2007Forewarn Act of 2007

Would amend WARN to:Would amend WARN to:

a)a) Apply to 50 vs. 100 Apply to 50 vs. 100 Employees;Employees;

b)b) 90-day Notices vs. 60;90-day Notices vs. 60;

c)c) Broader group of persons Broader group of persons who who receive Notices; andreceive Notices; and

d)d) Stiffer penalties.Stiffer penalties.


Healthy Families ActHealthy Families Act

Paid sick leave for personal and Paid sick leave for personal and family health needs. family health needs.


Independent Contractor Proper Independent Contractor Proper Classification Act of 2007Classification Act of 2007

1)1) Narrow Definition;Narrow Definition;

2)2) More power to IRS and DOL;More power to IRS and DOL; and and

3)3) Stiffer penalties.Stiffer penalties.


Paycheck Fairness ActPaycheck Fairness Act

Would amend the FLSA to provide Would amend the FLSA to provide stiffer penalties for wage stiffer penalties for wage discrimination.discrimination.


Protecting America’s Workers Protecting America’s Workers ActAct

Would amend OSHA to a) expand Would amend OSHA to a) expand coverage, b) increase protections for coverage, b) increase protections for whistleblowers, and c) increase whistleblowers, and c) increase penalties.penalties.


Renewable Energy and Job Renewable Energy and Job Creation Tax Act of 2008Creation Tax Act of 2008

Would provide for uniform Would provide for uniform treatment of attorney-advance treatment of attorney-advance expenses and court costs in expenses and court costs in contingency fee cases. contingency fee cases.


Title VII Fairness ActTitle VII Fairness Act

Would amend Title VII to clarify Would amend Title VII to clarify the filing period applicable to the filing period applicable to charges of discrimination charges of discrimination


Whistleblower Protection Whistleblower Protection Enhancement Act of 2007Enhancement Act of 2007

Would amend Title 5 of the United Would amend Title 5 of the United States Code to clarify which States Code to clarify which disclosures of information are disclosures of information are protected from prohibited personnel protected from prohibited personnel practices. practices.


Workplace Religious Freedom Workplace Religious Freedom ActAct

Would amend Title VII to establish Would amend Title VII to establish provisions with respect to religious provisions with respect to religious accommodation in employment.accommodation in employment.

changes in labor and employment law and regulations mark shank gruber hurst johansen & hail, llp

Documents

llp slide

arbitration fairness

addiction equity act

relief tax heart act

public health service

tax provisions

cra adea ada rehab act

executive compensation