Legislative Update

February 14, 2012

Angela Fleming, PHR

Legislative Chair

HR NEWS

Administration Issues Final Rule on Summary of Benefits and Coverage <http://msg.shrm.org/site/R?i=LjNPJti7ZlLYBIct13Vjdw>

The Obama administration has issued a final rule requiring U.S. health insurers and group health plans to provide a concise and comprehensible Summary of Benefits and Coverage document to current and potential health plan participants, for plans beginning after fall 2012 open enrollment.

Obama Proposes New Jobs Deal for Veterans <http://msg.shrm.org/site/R?i=hIYr90uw0Gv2dJdDC3CQBA>

President Barack Obama has unveiled a $5 billion proposal to boost hiring and create job opportunities for veterans of the U.S. Armed Forces. Obama's proposal would create a Veterans Job Corps and offer more federal grant money to help municipal governments hire more police officers and firefighters.

Economic Uncertainty Remains Top Job Killer in U.S. <http://msg.shrm.org/site/R?i=viFA-g5mtOBYzNpAgGhgAg>

The U.S. Department of Labor's latest job market report contained comparatively good news about unemployment, but several other reports indicate that it's not time for ticker tape parades yet.

GPS Ruling: New Direction for Employers? <http://msg.shrm.org/site/R?i=hl9ATfP2s1uAhW5mWdmgvQ>

Many American employers are tracking employees with global positioning system (GPS) devices and are entering muddy waters over the legality of such tracking. A recent U.S. Supreme Court ruling in a criminal case suggests that employers should exercise caution in using such devices

EEOC Continues to Focus on Systemic Bias, Report Says <http://msg.shrm.org/site/R?i=1zhzw0HDFBPOZMe1iXstUA>

The U.S. Equal Employment Opportunity Commission's (EEOC) systemic program, which emphasizes the investigation and litigation of discrimination claims affecting large groups of alleged victims, continues to grow, according to a new report.

Rejection of Calif. Gay Marriage Ban Has Little Workplace Impact <http://msg.shrm.org/site/R?i=na2FIKHTxH75YGOT3gNq2g>

The ruling by the 9th U.S. Circuit Court of Appeals that California's ban on gay marriage is unconstitutional "will probably not have a great impact on employers' decisions and actions related to employees, including their employee benefits plans."

COURT REPORT

Unclear FMLA Leave Year Nullifies Discharge <http://msg.shrm.org/site/R?i=QaZcQFnl-Dc2in6aASn8Yg>

An employer violated the Family and Medical Leave Act (FMLA) when it discharged an employee for unexcused absences while out on FMLA-approved leave by calculating those absences based on a leave year that was inadequately conveyed to the employee, the 6th U.S. Circuit Court of Appeals has ruled.

ADVOCACY

Confusion over Regulatory Activity <http://msg.shrm.org/site/R?i=cHl0L4yAp9faAuRNWUlHeQ>

In one week, the Obama Administration announced plans to issue regulations implementing changes to the Family and Medical Leave Act (FMLA), enacted into law back in 2008; extended the comment period on a proposal altering federal contractor affirmative action requirements under Section 503 of the Rehabilitation Act; and withdrew a proposal requiring organizations doing business with the U.S. Department of Agriculture to certify it is in compliance with workplace statutes.

FREE SHRM WEBCASTS

Employment Law Update: An Update from 2011 and What to Expect in 2012 <http://msg.shrm.org/site/R?i=vXwsaGhO1iEleaydFCBAEw>

Feb. 29, 2 p.m. ET

Speakers: Reid Bowman, ELT, and Kate Wilson, Littler Mendelson Keeping up on breaking employment law trends is critical to protecting your organization in a time of unprecedented risk and legislative and regulatory activity. Find out how to sift through the multitude of employment issues and focus your compliance efforts in 2012. In this webcast, you will learn about significant developments in the areas of whistleblowing, retaliation, and bribery and corruption, the impact of the ADAAA and new FMLA regulations and emboldened enforcement of EEOC and wage and hour rules.

Register for this webcast <http://msg.shrm.org/site/R?i=kkekfIseyjv2Cru7796elA>

February 6, 2012

Angela Fleming, PHR

Legislative Chair

HR NEWS

DOL Issues Proposed FMLA Rule <http://msg.shrm.org/site/R?i=IVz7teCOG_jWm-OV4MxOSg>

The U.S. Department of Labor has issued a proposed Family and Medical Leave Act (FMLA) rule. The new provisions serve to implement FMLA amendments made by the National Defense Authorization Act and the Airline Flight Crew Technical Corrections Act.

DOL Rule Delays Deadlines for Retirement Plan Fee Disclosure <http://msg.shrm.org/site/R?i=H8gLhuK-tqBwXSKD3Vhvbw>

The U.S. Department of Labor has announced it will delay until July 1 the effective date for rules on disclosure of retirement plan fees by service providers to plan sponsors. A separate deadline for fee disclosures to plan participants has also been pushed back to Aug. 30.

NLRB Issues Second Social Media Report <http://msg.shrm.org/site/R?i=svk7ag5I9jvi_P3MbFOOvQ>

National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon has issued a second report describing social media cases reviewed by his office. The memo is intended to provide further guidance to practitioners and human resource professionals in formulating social media policies that comply with federal labor laws and in legally disciplining employees for social media use.

VOW Tax Credits: Hiring Unemployed Vets <http://msg.shrm.org/site/R?i=0RV2PDB0JwWQ2vXwh4Ow_g>

President Barack Obama signed into law the Veterans Opportunity to Work (VOW) to Hire Heroes Act. The VOW Act amends and expands the pool of veterans qualifying for the Work Opportunity Tax Credit. The changes and new provisions apply to veterans who were hired after the law's enactment, Nov, 22, 2011, and before Jan, 1, 2013.

KANSAS LEGAL UPDATE

Commission Recommends Defined Contribution Plan for Kansas Public Workers <http://msg.shrm.org/site/R?i=8ZWbuRvA1Cvf0mJxThVaFQ>

A Kansas study group recommended that the 2012 Legislature convert the state's pension plan from a traditional defined benefit retirement plan to a 401(k)-style defined contribution plan for new teachers and public employees.

Read this article <http://msg.shrm.org/site/R?i=c9UK6x0987Kl__N6mSkbMQ>

HR DISCIPLINES: LABOR RELATIONS

Indiana Enacts Right-to-Work Law <http://msg.shrm.org/site/R?i=Stij9v5S7XwX_R2ampD4-Q>

Gov. Mitch Daniels, on Feb. 1, 2012, signed into law a bill that makes Indiana the nation's 23rd right-to-work state. Under the new law, individuals are neither required to become nor prohibited from becoming members of a union.

Read this article <http://msg.shrm.org/site/R?i=ETOcTWNSaMOYPCBVK_JJww>

SHRM WEBCASTS

Employment Law Update: An Update from 2011 and What to Expect in 2012 <http://msg.shrm.org/site/R?i=Gf2R9e_7rcnSPj5pshDrBA>

Feb. 29, 2 p.m. ET

Speakers: Reid Bowman, ELT; and Kate Wilson, Littler Mendelson Keeping up on breaking employment law trends is critical to protecting your organization in a time of unprecedented risk and legislative and regulatory activity. Find out how to sift through the multitude of employment issues, and focus your compliance efforts in 2012. In this webcast, you will learn about significant developments in the areas of whistleblowing, retaliation, and bribery and corruption, the impact of the ADAAA and new FMLA regulations and emboldened enforcement of EEOC and wage and hour rules.

Register for this webcast <http://msg.shrm.org/site/R?i=18vr-98iUEUfIVbwh-rV5A>

February 1, 2012

Angela Fleming, PHR

Legislative Chair

NEWS

Pharmaceutical Giant Settles Wage and Hour Class Action http://msg.shrm.org/site/R?i=OcBWmS5Lrx4u5P5HPvWqYg

Rather than wait for the U.S. Supreme Court's upcoming decision over whether pharmaceutical sales representatives fit within the outside sales exemption of the Fair Labor Standards Act (FLSA), Novartis Pharmaceuticals Corp. and plaintiffs' counsel in a separate case announced that they had settled nationwide wage and hour claims on behalf of 7,000 Novartis pharmaceutical sales representatives. The settlement includes an award of $99 million for eligible class members and 30 percent of the $99 million award in attorneys' fees.

Obama Will Emphasize HR Issues http://msg.shrm.org/site/R?i=xsaiax9vV9mfNqSFSeZP7Q

In his State of the Union address, President Barack Obama outlined a legislative agenda and re-election campaign that focus on several key HR-related issues. Obama said the U.S. can develop "an economy that is built to last" by offering equal opportunities and the promise of success to all U.S. citizens.

Bill Targets Firms Linked to Web Censorship http://msg.shrm.org/site/R?i=HKYtcQ4gLgaYttf5euzGDw

Legislation introduced in Congress would force disclosure by companies that provide services to countries that censor Internet use.

Read this article <http://msg.shrm.org/site/R?i=blrl9Dn1UTAR7BC2j0Ya9A>

Progress, Challenges in Federal Telework <http://msg.shrm.org/site/R?i=PX8zehMx2Z5-jYzVVf_CDQ>

One year after President Obama signed the Telework Enhancement Act into law, some federal agencies are announcing notable advancements in telework implementation, but employees want faster action.

Read this article <http://msg.shrm.org/site/R?i=faewq23Nb0p-j4sSH4z5Ew>

COURT REPORT

Pre-Eligible FMLA Request for Post-Eligible Maternity Leave Is Protected Activity <http://msg.shrm.org/site/R?i=ROI3vJoTFjqnjqYcw11xMQ>

The 11th U.S. Circuit Court of Appeals held that a pre-eligible request for post-eligible maternity leave under the Family and Medical Leave Act (FMLA) is protected activity because the FMLA aims to support both employees in the process of exercising their rights and employers in planning for the absence of employees on leave.

Read this article <http://msg.shrm.org/site/R?i=ENVKi7Q218JW4PQAmmM7VA>

More Court Report articles <http://msg.shrm.org/site/R?i=SN_Eepx4YQ_zy7uA19SlCw>

January 25, 2012

Angela Fleming, PHR

Legislative Chair

Major Class-Action Employment Lawsuits Likely in 2012

http://msg.shrm.org/site/R?i=SZN4ifApIczmKjqiRb12VA

The last few years have seen a dramatic increase in class-action and collective-action litigation involving workplace issues, and, in 2011, the U.S. Supreme Court issued two major class-action rulings. Experts predict the present economic climate will fuel even more lawsuits.

Supreme Court Will Resolve Split over Federal Employees' Appeals

http://msg.shrm.org/site/R?i=aupc_JZn1NBFg1tRB0gZJQ

The U.S. Supreme Court announced on Jan. 13, 2012, that it will decide where a federal employee with a "mixed complaint" may appeal an agency ruling -- in a federal district court or with the U.S. Court of Appeals for the Federal Circuit.

COURT REPORT

10th Circuit: Migraine Not Considered Disability Under ADA

http://msg.shrm.org/site/R?i=Bm7p2X7CVoPbytZkU1Rhww

An employee who suffered from migraines only while working for a particular physician was not disabled under the Americans with Disabilities Act (ADA), the 10th U.S. Circuit Court of Appeals has ruled.

Read this article: http://msg.shrm.org/site/R?i=LSme_qYD9NgOPxeeuwFLug

More Court Report article: http://msg.shrm.org/site/R?i=_saIUiic5SBRT2kNeOYopQ

SHRM PUBLIC POLICY WEBCAST

What Recent NLRB Moves Mean for All Employers (Now Available)

http://msg.shrm.org/site/R?i=8cyjPjuFUvZSFEbi9jkrCg

Speakers: G. Roger King, Esq., Jones Day; Brent Yessin, Yessin & Associates; and Michael Layman, SHRM In the waning days of 2011, the National Labor Relations Board (NLRB) passed sweeping revisions to the rules governing union election procedures. The enactment of these regulations, as well as President Barack Obama's recess appointment of three commissioners to serve on the NLRB, underscore the administration's intention to push forward with its labor agenda in 2012. This will have a significant impact on all employers, whether or not they have previously been targets of organizing efforts. In this webcast, leading employee relations attorneys G. Roger King and Brent Yessin will describe in detail the "quickie" or "ambush" union election rule, and detail your rights and obligations when a union representation vote takes place. The program will also discuss new rules governing micro-bargaining units and the pending poster mandate for employers.

Learn more about this webcast: http://msg.shrm.org/site/R?i=CS2xP5rRaCCB_-976Hgf3A

LEGAL ISSUES

NLRB: Mandatory Class-Action Waiver Violated NLRA

http://msg.shrm.org/site/R?i=Op5l0em7GUMS-1-9uzJ01A

An employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) when it requires employees covered by the law to sign an agreement that precludes them from filing class-action claims in any forum -- arbitral or judicial -- according to a recent decision by the National Labor Relations Board (NLRB).

Read this article: http://msg.shrm.org/site/R?i=4GpM6861Sc86BFG4Q2Wymw

January 18, 2012

Angela Fleming, PHR

Legislative Chair

COURT REPORT
5th Circuit: Terminations Must Be Based on Sound, Demonstrable Facts
A termination based on questionable conclusions by a supervisor can place the ultimate question of an employer's liability in the hands of a jury, according to a ruling by the 5th U.S. Circuit Court of Appeals.
Read this article
More Court Report articles

Pepsi Settles Dispute over Criminal Background Checks
Pepsi will revise an overly broad criminal background check policy, provide training and pay $3.13 million to settle an Equal Employment Opportunity Commission claim that the policy violated Title VII.

NEWS ABOUT SHRM
SHRM Launches Internet News Program
The Society for Human Resource Management (SHRM) has debuted "Focus on HR," a biweekly, 10-minute online news program showcasing the latest news and information in business, HR and SHRM. Veteran CNN correspondent Kathleen Koch hosts the program.

Survey: Employee Job Satisfaction and Engagement
A new research report provides comprehensive information about factors important to overall employee job satisfaction and engagement. More than 20 aspects of employee job satisfaction, including career development, relationship with management, compensation and benefits, and work environment are examined.
Read this report