New Definition of Disability Published

New definition of disability has just been published by the federal EEOC 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.

The new regulations explain that certain impairments will create a presumption of disability. These impairments include many aspects, 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 have its meaning that an employee who has been diagnosed with any of those conditions is presumed to be disabled and entitled to reasonable accommodation. This is only the common-sense approach to disabilities.

Under the old rule, each employee had to individually demonstrate that the condition limited one or more major life activities. The federal agency claims an individualized assessment of whether a substantial limitation exists “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.

DOL announces grant exceeding $1 million to assist Iowa layoff workers

On Sep 8, the U.S. Department of Labor announced a $1,096,423 grant to assist approximately 178 workers affected by layoffs at Alcoa North American Rolled Products in Bettendorf, Iowa , took place between January and June 2009, and John Deere Davenport Works in Davenport, Iowa, began in February 2009.

This grant will be funded by resources made available for National Emergency Grants under the American Recovery and Reinvestment Act of 2009. National Emergency Grants are part of the secretary of labor's discretionary fund and are awarded based on a state's ability to meet specific guidelines.

This Grant was awarded to Iowa Workforce Development, and will be operated by Iowa@Work, a division of Eastern Iowa Community College. It will allow affected workers to access services including skills assessment, basic skills training, individual career counseling and occupational skills training.

"Iowa workers affected by these layoffs need and deserve support," said Secretary of Labor Hilda L. Solis. "The grant will provide retraining, job search assistance and other services to help them prepare for career track positions in promising regional industries."

Employment Numbers of Last August

On Sep 4, secretary of Labor Hilda L. Solis issued the August 2009 Employment Situation report, on which, she stated that during past August, the economy lost 216,000 jobs, fewer than what most experts expected. Now the overall unemployment rate is 9.7 percent.

Since this administration took office, the economy had been losing average 700,000 jobs every month, so the job loss of last month is an improvement, “but is still by no means acceptable”, said Hilda L. Solis, "These numbers are a sobering reminder that our economic conditions continue to cause pain for many Americans and that families are having a difficult time simply covering their daily necessities, much less planning for the future.”

One of the Department of Labor’s principal goals is to help those people that have lost their jobs until there is a full recovery that includes sustained job growth. They have taken some measures to protect workers, such as extending the number of weeks available for unemployment insurance, increasing the monthly benefit amount by an extra $25 a week, strengthening social safety net by subsidizing 65 percent of COBRA premiums and providing new training opportunities for workers, so that the unemployed can more easily access health insurance.

At the same time, the Recovery Act has also provided much needed aid to states and has spurred work on shovel-ready projects. Sep 3 marked the 200-day milestone of the Recovery Act, and Vice President Biden announced that all 10 agencies met or exceeded their commitments in our roadmap to recovery.

Hilda L. Solis also mentioned that “We still have a long way to go until we can say that the economy is back on track and everyone has access to a good job, but I am confident that we will reach that goal. And I will make sure that the Department of Labor is standing by, supporting workers every step of the way."

Kansas Minimum Wage Increase

On July 24, 2009, the federal minimum wage increased from &6.55 per hour to $7.25 per hour. For the state of Kansas, it’s a 70 cents increase. Every Kansas employer updated his federal minimum wage poster.

The federal minimum wage is governed by the Fair Labor Standards Act of 1938. FASA covers employers with annual earnings of at least $500,000, and companies who engage in interstate commerce. The majority of Kansas businesses are engaged in interstate commerce. Even if the company doesn’t engage in interstate commerce, an individual employee within the company would be covered by FLSA.

Therefore, most of the employers in Kansas will pay their employee the federal minimum wage of $7.25 per hour in accordance with FLSA. Kansas employees who are not covered by the federal minimum wage are required to the state of minimum wage of $2.65 per hour.

Employees in the same company maybe are paid a different minimum wage. The difference is whether they deal in any way with clients, customers or suppliers in another state.

For example, a small hair salon with earnings under $500,000 may only serve local customers, but if the receptionist accepts credit card for payment, he or she is engaged in interstate commerce and entitled to the federal minimum. A shampoo girl who does not accept payments will be entitled only to the Kansas minimum.

Nearly 1,800 North Carolina Workers Got $2 Million Health Insurance Payments

In August, the U.S. Department of Labor announced a $2 million grant to provide about 1,800 North Carolina jobless workers with partial premium payments for health insurance coverage.

North Carolina Department of Commerce awarded the grant and will use it to make "gap filler" payments for unemployed individuals who are receiving Trade Adjustment Assistance (TAA) benefits and are eligible for the Health Coverage Tax Credit (HCTC) program, under which, eligible individuals and their family members can receive 80 percent of premium costs for qualified health insurance programs. The state of North Carolina will also provide two to three months of "gap filler" payments for the participants.

The funding will take some of the pressure off families who are trying hard to find new work in a tough economy and allow eligible out-of-work North Carolinians to maintain their health insurance. "The challenges associated with a job search are enough without worrying about a lack of health insurance if you or a family member fall ill or need medical attention," said Secretary of Labor Hilda L. Solis. "This funding will help eligible North Carolinians pay for health insurance while they seek out new careers that pay family-supporting wages and provide benefits for the long-term."

Funding for the grant comes from resources made available for health coverage National Emergency Grants under the American Recovery and Reinvestment Act of 2009.

E-Verify News

E-Verify have the new changes. During July, both the U.S. House and Senate took measures that would E-Verify will be required to use by more employers, including federal contractors and companies that benefit from federal stimulus spending. The U.S. Senate passed an amendment to the 2010 Department of Homeland Security budget sponsored by Senate Jeff Sessions of Alabama.

This amendment will prevent illegal immigrants from being hired for construction projects funded by the federal stimulus packages. This bill was submitted to both the Senate and the House. The Society for Human Resource Management (SHRM) has long opposed the mandatory use of E-Verify SHRM argues that a biometric component needs to be added to E-Verify.

While the E-Verify are required to use by employers in a number of states, federal contractors are still in limbo. President George W. Bush signed an executive order that would have required federal contractors to implement E-Verify. However, SHRM and other employer groups challenge that.

Nevertheless, many employers continue to voluntarily adopt the E-Verify system. E-Verify compares information provided by the employee’s identity documents – including date of birth, sex, middle name, social security number and other information – with data on file with the Social Security Administration and the Department of Homeland Security.

Arizona Governor Jan Brewer Signed Guns at Work Laws

In a growing number of states, an employer cannot bar its employees from bringing guns to work and leaving them in their cars. Recently, Arizona Governor Jan Brewer also signed a new law to limit employers from implementing and maintaining policies that prohibit employees from lawfully storing firearms in their locked vehicles while parked in their employer's parking lot.

The new law, which takes effect on September 30, 2009, prohibits property owners, tenants, public or private employers or business entities from maintaining or enforcing any policy or rule that would forbid employees, as well as other individuals such as visitors and customers, from lawfully transporting or lawfully storing any firearm, as long as 1)the firearm is in the employee's locked and privately owned vehicle or in a locked compartment on the employee's privately owned motorcycle; and 2)the firearm is not visible from outside of the vehicle or motorcycle.

Arizona employers are advised to modify their policies about guns in the workplace and provide appropriate training in anticipation of the new law's effective date. By doing this, Arizona will also join the states who have the similar laws. Other states are: Alaska, Florida, Georgia, Kentucky, Louisiana, Minnesota, Mississippi, Oklahoma and Utah.

QuikTrip to Pay $750,000 in Back Wage

Convenience store operator QuikTrip Corp. agreed to pay $747,729 in overtime back wages for 3,819 current and former convenience store workers ，following an investigation by the U.S. Department of Labor’s Wage and Hour Division’s Arkansas-Oklahoma District Office.

The Department of Labor said on Monday that they found Tulsa-based QuikTrip had violated the Fair Labor Standards Act (FLSA) by failing to pay its employees the overtime compensation they were legally entitled to receive. The chain did not pay additional overtime premiums due on performance-related bonuses. Among the states involved in the investigation were Missouri , Illinois , Arizona , Georgia , Iowa , Nebraska , Oklahoma and Texas .

An employer is not required by law to provide a bonus, but if a nondiscretionary bonus is paid, the bonus must be included as part of the employee's regular rate of pay for purposes of computing overtime. The FLSA requires that covered employees be paid at least the federal minimum wage and receive overtime at one and one-half times their regular rates of pay for hours worked beyond 40 per week. Effective July 24, 2009, the minimum wage is $7.25 per hour. Employers must also maintain accurate time and payroll records.

Mike Thornbrugh, QuikTrip spokesman, said that "We have an additional form of compensation, and that is an additional bonus that we pay based on customer service…What we did, and it's our fault, is we had a computer programming error that was paying some employees too much for that and others were not getting the appropriate amount. We obviously fixed the program and reimbursed employees who were not getting the proper amount."

"I am pleased that this case has resulted in almost $750,000 in back wages being paid to thousands of workers across nine states," said Secretary of Labor Hilda L. Solis. "I am committed to ensuring that every worker is paid the full wages he or she is due, and that those who work overtime receive the compensation to which they are legally entitled."

The Latest Minimum Wage Increase Still not High

The federal minimum wage rose from $6.55 an hour to $7.25 in last month. An estimated 2.8 million employees got a minimum wage raise. Another 1.6 million whose hourly pay hovers around $7.25 also got a boost as employers adjust their pay scales to the new minimum.

After inflation, the latest minimum wage increase is still no higher than it was in the early 1980s, and it is 17 percent lower than its peak in 1968. That means that no matter how hard they work, many low-wage workers keep falling behind. To some extend, the latest increase will slow down the decline in living standards.

The minimum wage also sets a floor by which other wages are set. Keeping it low keeps wages lower than they would be otherwise, especially for jobs that are just above the minimum-wage level. According to the Department of labor, 50 percent occupations expected to add the most jobs through 2016 are “very low paying,” up to a maximum of about $22,000 a year. The jobs covers retail sales and home health.

Barack Obama proposed lifting the the minimum wage to $9.50 an hour by 2011 during the presidential campaign to adjust for inflation. The minimum wage of $9.50 an hour would be restored to its historical highs — about 50 percent of the average wage.

In America, low-paid jobs are a fact of working life. Unlike so many of the nation’s higher-paying jobs, they are not going away. One of the big challenges of our time is to ensure that for some workers, they are a stepping stone to better jobs and that for all workers; they are safe and fairly compensated.

Minimum Wage Rises, Unemployment Jumps Again

Recently, the federal minimum wage has risen. However, the numbers of those who unfortunate to be out of work also increase.

Under federal minimum wage laws, the workers covered nonexempt ones are entitled to a minimum wage of not less than $7.25 per hour. The new rate has come into effect July 24, 2009. Many states also have minimum wage laws; West Virginia is one of the states.

The minimum wage increase of two weeks ago brings the federal minimum in line with the West Virginia state minimum wage. In West Virginia, the minimum wage also increases to $7.25 per hour. According to the West Virginia Division of Labor, that state minimum came into effect July 1, 2008.

According to U.S. Department of Labor's Website, in cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage. Over half the states in the nation have a state minimum the same as the federal minimum. Also many states exceed the federal minimum wage, like California, Oregon and Washington.

WorkForce West Virginia released data that there were 950 people unemployed in the county in June. The June rate of unemployment was 11.6 percent, well up from May's rate of 10.7 percent. The rate of unemployment for the same June period last year was just 5 percent, representing 410 individuals out of work.

Heat Illness Prevention Regulations Strengthened by Cal/OSHA

On July 31, California's Department of Industrial Relations' (DIR) Division of Occupational Safety and Health (Cal/OSHA) filed a proposal with the Occupational Safety and Health Standards Board to amend the state's heat illness prevention regulations, which follows the July 16 request by Governor Schwarzenegger to strengthen and improve the standards to protect outdoor workers from the hot summer sun.

Besides, the state budget just signed has authorized the spending of $1.5 million to expand upon the efforts already in place to educate workers and employers about the necessity of heat illness prevention. This was the expanding outreach to train outdoor workers and employers, and will help to expand Cal/OSHA's successful participation and partnership with industry, labor, and community groups.

Under the Governor’s leadership, California was the first state in the nation to develop a safety and health regulation addressing heat illness in 2005. Cal/OSHA issued permanent heat illness prevention regulations to protect outdoor workers in 2006. The Regulations address such topics as shade requirements, drinking water requirements, heat illness training requirements and other related subtopics. They require that the employer make shade available, provide drinking water, provide training to both supervisors and workers, and requires that the written heat illness prevention program include a plan for summoning emergency responders.

"Today we are moving to clarify amendments to the standards and to ensure that we provide the necessary measures to improve upon our first in the nation regulation to protect outdoor workers from the summer heat," said DIR Director John C. Duncan. "This package will, among other things, include a requirement for shade to be present at all times and a trigger for shade to be up when the temperature exceeds 85 degrees. It also makes it clear that employees have the right to take a rest in the shade whenever they feel the need to do so to prevent themselves from overheating."

Obama Seeks Support for Health Care Bill

Due to financial crisis, many people are down in spirits during the work. But it is different in Michigan. When the federal minimum wage increased to $7.25 an hour last Friday, it also boosted Michigan's sub-minimum wage, which is currently $6.55 an hour.

The 17-year-old Attica Township teen from Michigan has been working this summer for a Lapeer-based landscaping service mowing grass. "It may not seem like much, but it's better than a sharp poke in the eye," Harlow told The County Press. "I'm just a kid still living at home, so I don't know how the government thinks people can live in this wage."

The federal minimum wage increase in last week is the final of a three-step increase which began in 2007. The workers under 18 years of age comply with Michigan's sub-minimum wage which equals 85 percent of the state's adult minimum wage. But the minimum wage cannot be lower than the federal minimum wage. According to federal estimates, about 2,000 Michigan workers, on average, had wages at the federal minimum wage level in 2008.

Although the federal minimum wage will increase, Michigan's minimum wage will still be higher at $7.40 an hour. The current state’s minimum wage is 25 cents higher than last year.

"You keep increasing the minimum wage, and it's just going to be exacerbating the problem," said David Hamel, professor of business management for Wayne State University. "Whenever you have more money coming in on wages, you're going to have folks who take advantage of it."

More information about the Wage & Hour Division as well as the state's minimum wage and overtime law is available at Michigan official website.

Federal Minimum wage Increase Benefits Michigan Workers under 18

Due to financial crisis, many people are down in spirits during the work. But it is different in Michigan. When the federal minimum wage increased to $7.25 an hour last Friday, it also boosted Michigan's sub-minimum wage, which is currently $6.55 an hour.

The 17-year-old Attica Township teen from Michigan has been working this summer for a Lapeer-based landscaping service mowing grass. "It may not seem like much, but it's better than a sharp poke in the eye," Harlow told The County Press. "I'm just a kid still living at home, so I don't know how the government thinks people can live in this wage."

The federal minimum wage increase in last week is the final of a three-step increase which began in 2007. The workers under 18 years of age comply with Michigan's sub-minimum wage which equals 85 percent of the state's adult minimum wage. But the minimum wage cannot be lower than the federal minimum wage. According to federal estimates, about 2,000 Michigan workers, on average, had wages at the federal minimum wage level in 2008.

Although the federal minimum wage will increase, Michigan's minimum wage will still be higher at $7.40 an hour. The current state’s minimum wage is 25 cents higher than last year.

"You keep increasing the minimum wage, and it's just going to be exacerbating the problem," said David Hamel, professor of business management for Wayne State University. "Whenever you have more money coming in on wages, you're going to have folks who take advantage of it."

More information about the Wage & Hour Division as well as the state's minimum wage and overtime law is available at Michigan official website.

U.S. Department of Labor announces 1st Trade Adjustment Assistance certifications under new law

On June 22, 2009, the U.S. Department of Labor announced the certification of 20 petitions for benefit eligibility for workers under the Trade Adjustment Assistance (TAA) program. The new TAA law took effect on May 18, 2009, which provides training and employment services for workers who have lost their jobs due to competitive foreign trade and these are the first certifications under the new TAA law.

The American Recovery and Reinvestment Act of 2009 (Recovery Act) expanded the pool of eligible TAA recipients to include: workers in companies that supply services; workers whose companies have shifted production to any foreign country; workers in public agencies; workers whose companies produce component parts of a finished product; workers in companies that supply testing, packaging, maintenance and transportation services to companies with TAA-certified workers; and workers whose companies are identified in an International Trade Commission "injury" determination listed in the Trade Act of 1974. The Recovery Act also raised the cap on annual TAA training funds from $220 million to $575 million.

A petition may be filed by a group of three or more workers, by a company or public agency official by One-Stop operators or partners (including state employment security agencies and dislocated worker units) or by a union or other duly authorized representative of such workers. The workers on whose behalf a petition is filed must be or have been employed at the firm or subdivision identified in the petition. If the group of workers described in the petition is certified, the certification will cover all workers in the group whether or not their names are on the petition. Workers certified as eligible for TAA have access to a variety of resources such as re-employment services, job search allowances, relocation allowances and various types of income support.

"These certifications mark the beginning of a new era of opportunity for service workers who lose their jobs as a result of direct foreign competition," said Secretary of Labor Hilda L. Solis. "Workers covered under TAA are offered the employment and training services needed to upgrade existing skills or pursue new careers in growing industries."

4.7 Percent of Texas Workers Received Lower Wages

According to U.S. Department of Labor’s study, 262,000 Texas workers received lower wages than the federal minimum wage last year. Statistics shows that about 4.7 percent of the state's hourly workers received lower wages, which is the seventh highest share in the nation.

But in San Antonio, it seems that the current situation is becoming harder. It’s harder to find workers who earn the low-end salary because the economy has performed well and because city government has promoted higher “living wages” for its employees and contractors.

Living wages are used as a guide by city administrators in establishing departmental salaries. But it often exceeds minimum wages by several dollars an hour, said Dan Williams, a human resources administrator for the city. As a result, all city employees are paid more than the current minimum wage. Thirty workers in the city's summer programs receive $7.25 an hour. This wage will not change until the labor law updates.

Yolanda Arellano, the executive director of the Texas Restaurant Association's San Antonio branch presents that restaurateurs were aware of the looming salary increases and may have cut back slightly on staff this summer as a result.

Healthy Families Act Would Guarantee Paid Sick Leave

One change to healthcare system may be coming, and it's one many small business owners would not like. Senator Ted Kennedy recently introduced a bill –the Healthy Families Act– that would implement a mandatory sick leave law and require employees to receive at least 7 paid sick days per year. In the House, the mandatory sick leave law introduced by Rep. Rosa DeLauro is called HR 2460.

The Act would require businesses with more than 15 employees to grant no less than one hour of paid sick leave per every 30 hours worked, up to a total of 7 paid sick days per year. Employees would be eligible to use paid sick leave after 60 days.

Employees could use the sick leave for their own illness, for preventive care, to care for a child, parent, spouse or "any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.", or to seek medical or legal assistance relating to domestic violence, sexual assault, or stalking.

The Times notes that similar legislation was attempted repeatedly during the Bush administration. The current bill's preamble notes that more than half private sector employees, and a vast majority of low wage workers have no paid sick leave, requiring them to choose between losing pay (and perhaps losing a job) and caring for themselves or their family.

The latest statistics show that more than half private sector employees and a vast majority of low wage workers have no sick leave. They must choose between losing pay (and perhaps losing a job) and caring for themselves or their family.

Business groups are vowing to block the legislation, arguing that the recession makes this an inopportune time to create a new mandate that they say would raise costs for employers. Supporters, on the other hand, say the legislation is especially timely now, given the swine flu epidemic.

San Francisco and Washington D.C. already require paid sick leave, and Milwaukee as well as many states are currently considering doing so as well. In addition, the legislatures of some other states, including Connecticut and Massachusetts, are debating similar measures.

Florida Minimum Wage Increase in 2009

The state of Florida will increase its minimum wage by 3 cents, which means, from the current $7.21 per hour to $7.24 per hour on July 24, 2009. At the same time, the federal minimum wage will increase to $7.25 per hour.

Of course, the change has a number of ramifications for Florida employers. They must update their state and federal minimum wage posters in the workplace.

This is the second time for Florida to change the minimum wage this month. On July 24, 2009, the federal minimum wage will increase to $7.25, so the minimum in these thirteen states will increase $7.25 per hour, too.

The change in the federal minimum wage will affect most of the employers in the United States. The companies earning $500, 000 or more annually will conform to the federal law.

When an employee qualifies for his or her state’s minimum wage and for the federal minimum wage, the worker is entitled to whichever wage provides the greater benefit to the employee

Minimum Wage Rises in Midst of Bad Economy

A new federally-mandated minimum wage will take effect across the nation July 24.
In order to help state workers, the Kentucky General Assembly voted to put this new act into effect July 1, three weeks earlier than the schedule date.

Congress made a two -year plan to increase the minimum wage in 2007. The minimum wage of 2007 is $5.85 an hour, and that of 2008 is $6.55. The minimum wage of 2009 will be 7.25$. The minimum wage for employees who receive tips will remain at $2.13 an hour. "This increase is significant for many Kentucky workers who, like others, have been struggling during these difficult economic times," Kentucky Labor Secretary J.R. Gray commented in a news release.There are two different views about the increase of minimum wages. Proponents take it as a good way for employees to make ends meet while increasing the standard of living, especially to the poor and vulnerable people. . It prevents workers from being exploited. However, opponents say the law reduces profit margins, destroys jobs and creates inflation, since many employers immediately pass the extra personnel cost on to consumers.
The Kentucky Retail Federation doesn’t think it is a good idea to increase the minimum wage at this time. Jan Gould, Senior Vice President for the Federation thinks it is extremely awful as there are layoffs in all industries. Gould said. "We're seeing major national retailers struggling. Increasing the base wage level and other wage levels just exacerbates it." Gould says arguing about the minimum wage hike is a moot point since the law is now two years old and had an automatic increase for 2009 written into it.
No one could have predicted that the economy would have such sharp decline when passed the minimum wage law in 2007. So it is very important to adjust the wage in Gould’s opinion.

No matter your agree it or not, the new act in Kentucky will taken into effect. That’s the final say about this thing.
Kentucky businesses will need to update their state and federal labor law posters and display them in the workplace. Employers with questions about the new minimum wage regulations can consult the Kentucky Labor Cabinet or call at 502-564-3534. If workers suspect their employer is not paying them properly under the federal minimum wage law, they may contact the U.S. Department of Labor Louisville District Office toll-free at 1-866-4-USWAGE (1-866-487-9243).

Genetic Information Nondiscrimination Act Goes Into Effect

The Genetic Information Nondiscrimination Act (GINA)of 2008, signed into law by previous President George W. Bush on May 21, 2008，and partly goes into effect on May 21, 2009, is an Act of Congress in the United States designed to prohibit the improper use of genetic information in health insurance and employment.

Under GINA, the EEOC definition of “genetic information” includes information about an individual’s family medical history. The law would prohibit an employer from asking about family medical history during an interview, or at any time after the employee is hired. It also prohibits employers from gathering information about the employee through individual genetic tests, or genetic tests of a family member.

The law has two parts: Title I and Title II. Title I, goes into effect on May 21, 2009, prohibits health insurance providers from discrimination against an individual based on genetic testing. This makes it illegal for health insurance providers to use or require genetic information to make decisions about a person's insurance eligibility or coverage. Title II, goes into effect on November 21, 2009, makes it illegal for employers to use a person's genetic information when making decisions about hiring, promotion, and several other terms of employment.

GINA applies to employers with 15 or more employees, including private employers, employment agencies, labor unions, and joint labor-management training programs. It also applies to government employers with 15 or more workers, including state and local governments, agencies of the federal executive branch and Congress. Each of these employers is referred to as a “covered entity” in the GINA regulations.

Obama Speeds Up Stimulus Spending

President Barack Obama announced plans on June 8 to accelerate stimulus spending to save or create 600,000 jobs over the next 100 days, four times the number created or saved in the first 100 days since the plan was signed into law on February 17.

The announcement came days after the government reported that the number of unemployed continues to rise. The Labor Department reported that U.S. unemployment rose to 9.4 percent in May, even though job losses last month slowed to 345,000. The rate is the highest in more than 25 years. Hundreds of thousands of Americans continue to lose jobs each month, although fewer jobs were lost last month than expected.

"We've got a long way to go, but I feel like we've made great progress," Obama said at a White House meeting with Vice President Joe Biden and cabinet officials aimed at highlighting gains made since Congress passed the massive stimulus package in February. Obama has claimed as many as 150,000 jobs saved or created by his stimulus plan so far, even as government reports have shown the economy has lost more than 1.6 million jobs.
The White House estimates the $787 billion Recovery and Reinvestment Act that Democrats pushed through Congress with little Republican support will create or save 3 million to 4 million jobs by early 2011.

N.C. law strengthens rules for child labor

Gov. Bev Perdue on Friday signed into law a bill aimed at improving enforcement of the state's child labor rules.

The N.C. labor commissioner is required by the new law to provided detailed reports on the state’s efforts to protect child labor.

The Labor Department is obligatory to report each year on the number and types of complaints it received. Besides, it must report that how it investigated those complaints and the identity of employers cited for violations.

The labor commissioner also have the reasons about what kind of obstacles they have met which stop the Department of Labor from enforcing youth employment rules , and then provide recommendations about how to better protect working children.

The legislation was passed unanimously in the House and Senate. It followed stories in the Observer last year that chronicled how thousands of American youths are injured working jobs deemed unsafe for young workers.

According to the present law, state regulator can not fine the violators of labor law more that $250. That's among the nation's lowest penalties for child-labor violations.
Now we know that one of the reason that there are so many violators as the do not afraid to be fined.

We are glad to see that there is another bill which aimed to increase penalties for violations of child labor law has passed the House and awaits action in the Senate finance committee.

2009 Federal Minimum Wage Increase

The federal minimum wage increases from $6.55 per hour to $7.25 per hour on July 24, 2009. This is the third time and the final annual increase under the Fair Minimum Wage Act of 2007.

For ten years, while the federal minimum wage sat at $5.15 an hour, members of Congress voted themselves raises that increased wages by an average of $31,600 each. That changed with the Fair Minimum Wage Act of 2007. This new Act released that increase the minimum wage by 70 cents per hour every year for three years.

The increase comes on July 24 each year. The final increase comes July 24, 2009, when the minimum wage rises from $6.55 to $7.25.

The federal minimum wage law is the Faire Labor Standards Act (FLSA). It applies only to those employers who have more than 50 workers or who earn revenues of more than a half-million dollars a year. More than half of all states in America have passed laws that establish a higher minimum wage than the federal rate.

New Illinois Nonsmoking Regulations

Now there are clear terms to state that violators of Smoke-Free Illinois Act will face civil but not criminal charges.

Public Act 95-1029, signed into law by Governor Pat Quinn, amends the Smoke-Free Illinois Act by specifying that violations are treated as civil matters and the hearings shall be conducted by the Illinois Department of Public Health in accordance with the Administrative Procedure Act. While the penalties will still include fines but not include jail time.

The Illinois non-smoking law defines smoking as carrying a lit cigarette, pipe, cigar or any other smoking material or implement. In addition, smoking, burning, inhaling and exhaling are also defined as smoking. The law specifically prohibits herbs and weeds as well as tobacco.

According to the Smoke-Free Illinois Act, every employer must post signs prohibiting smoking within 15 feet of any windows that open or ventilation intakes that serve an indoor workplace. It is also prohibited to smoke in all workplaces, including bars, restaurants, schools, theaters and casinos.
Before the regulation, the Chicago Tribune reports that some local law enforcement authorities were treating violations as criminal matters. However, At least one judge ruled that the county courts could not enforce the statute until the State adopted administrative rules. As a result, some counties in rural downstate Illinois stopped enforcing the law.

State and Federal Regulations for Summer Jobs

Here comes summer. It is time for some teenagers to go to the workforce to earn some money.
Companies who hire teenagers should be highly aware that state and federal law restricts the use of minors. Every company should be clear about this labor law poster requirement.

State and federal law apply to “minors.” According to the California Labor Code, minors refer to people under the age of 18 who are required to attend school. The definition also includes people under age 18 who are not required to attend school because they are not California residents. The definition also covers any child under the age of six.

A person under the age of 18 but has graduate from high school or the equivalent is not a minor according to this definition as he is not required to go to school. So the child labor laws would not apply.

Work permits are required to employ “minors” under the age of 18. Generally, permits can be obtained from the student’s school. Schools are not permitted to issue permits for children under age 12, but under federal law it is generally impermissible to employ an individual under age 14. The documents are usually issued from the superintendent’s office, or by the superintendent’s designated representative.

You should know that work permits have its expiration, so it is important to know the effective dates. Permits issued during the school year expire at the start of the next school year. That is to say, if you would love to hire a teenager for another school term, you need to obtain a new permit


To comply with Labor Code requirement, the school district’s permit form includes the following information: the minor’s name, age, birth date, address, telephone number, and social security number. The permit must be signed by both the issuing school representative and the student.

Let’s take a look at some details about the work time by the California Education Code.
Minors age 16 or 17 cannot work more than 8 hours per day or 48 hours per week. They may work as early as 5:00 a.m. or as late as 12:30 a.m. as long as there is no school the following day.

Not all the occupations are allowed for child labor. Children of certain ages are prohibited from working in a number of hazardous jobs, for example, a number of manufacturing, industrial, and construction occupations, as well as driving a motor vehicle.
So before hiring a minor, you should make it clear that weather state and federal law permit the child to work the occupation.

New Illinois Sexual Harassment Law

A new ruling about sexual harassment was released by the Illinois Supreme Court that an employer is responsible for sexual harassment by an employee who happens to be a supervisor. This ruling makes Illinois employers train supervisors and managers to prevent sexual harassment and a hostile work environment.

In Sangamon County Sheriff’s Department v. Illinois Human Rights Commission, the judge ruled on April 16, 2009 that the employer was strictly liable for any manager’s or supervisor’s actions.

In a 4-2 ruling, the Illinois Supreme Court upheld the lower court’s ruling that the sheriff’s department could be held strictly liable in such circumstances.

According to the Illinois Supreme Court, “The issue in this case is whether an employer is strictly liable under [the IHRA] for the ‘hostile environment’ sexual harassment of its supervisory employees, where the supervisor has no authority to affect the terms and conditions of the complainant’s employment. The answer is yes.” The court added that the employer is reasonable for the harassment by the supervisor.

California Supreme Court Upholds Same-Sex Marriage Ban

On May 26th, the California Supreme Court rejected all constitutional challenges and upheld a voter-approved constitutional amendment Proposition 8 that bans same-sex marriage in the state.

In the 2008 general election, California voters approved Proposition 8 by a 52 percent to 48 percent majority. Proposition. 8 stated: "Only marriage between a man and a woman is valid or recognized in California."

However, the California Supreme Court held that Proposition 8 is not retroactive. So those couples who wed in the state under an earlier opinion from the court, will be considered married.

The court majority said same-sex couples would continue to have the right to choose life partners and enter into "committed, officially recognized and protected family relationships" that enjoy all the benefits of marriage under the state's domestic partnership law. But opponents said that the measure was passed improperly as an "amendment," and instead constituted a "revision" to the state constitution, which cannot be accomplished through the initiative process and instead require the involvement of the state legislature. However, the court rejected these arguments.

U.S. Labor Department announces release of $32.3 million to Idaho

The U.S. Department of Labor has decided to release $$32,260,831 in the unemployment insurance modernization incentive funds to the state of Idaho.
Idaho's approved application will be posted at the department's Employment and Training Administration Web site at http://www.doleta.gov/recovery .

"Idaho has made important updates to its UI program to better meet the needs of the 21st century workforce," said Secretary of Labor Hilda L. Solis. "The UI modernization provisions adopted in Idaho help unemployed workers who have entered the workforce recently, work part time or need training to become re-employed receive the benefits they deserve."

As for the usage of the funds to Idaho, the Idaho Department of Labor can use them to pay unemployment benefit. What’s more, the funds can also be used to administer its unemployment insurance program or deliver employment services, if appropriated by the legislature.

These funds are extremely important to those folks in Idaho. These one-time dollars give Idaho families the temporary assistance they need to help themselves through these challenging economic times."

The Recovery Act made a total of $7 billion available in UI modernization incentive payments to states that include certain eligibility provisions in their UI programs. The states that can show that its law includes those provisions have the qualification to share some of the fund.
In addition to Idaho, Connecticut, Minnesota and New Jersey have been certified by the Labor Department to receive their full shares of the funds. Hawaii, Illinois, Massachusetts, New Hampshire, New York, South Dakota, Vermont and Virginia have been certified to receive one-third of their shares.

EEOC Says Health Risk Assessment Violates ADA

Many employers require their employees to participate in a health risk assessment (HRA) in order to be eligible for health insurance coverage. But in a recent informal opinion letter, the Equal Employment Opportunity Commission (EEOC) stated that requiring employees to participate in a health risk assessment in order to be eligible for health insurance would violate the ADA.

Disability-related inquiries prior to a job offer are prohibited by ADA, and they are permitted only if they are required of all employees in the same job category and if they are job-related and consistent with business necessity. The EEOC determined that requiring all employees to take this HRA that includes disability-related inquiries and medical examinations as a prerequisite for obtaining group health coverage does not appear to be job-related and consistent with business necessity, and therefore it would violate the ADA.

To be job-related and consistent with business necessity, the employer must have a reasonable belief based on objective evidence that a medical condition will impair the employee's ability to perform essential job functions, or that the employee's medical condition will cause a direct threat. As part of the HRA, employees are required to fill out a short health-related questionnaire, take a blood pressure test, and give a blood sample for screening. None of them related to the employee's ability to perform the essential job functions.

The EEOC noted that disability-related inquiries and medical exams are permitted as part of voluntary wellness programs. A wellness program is considered voluntary only if employees are neither required to participate nor penalized for non-participation. If employee’s decision not to participate will lead to rejection of a significant employment benefit, then such a program is not voluntary. Thus, employers should review their programs to determine whether such programs are truly voluntary.

DOL Pays $400 Million in Benefits to Colorado Residents under EEOICPA

The U.S. Department of Labor announced on May 11 that it has paid more than $400 million to compensate Coloradans sickened by working in the atomic weapons industry under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA).

The act was created to help those individuals who suffered cancer and other illnesses caused by exposure to toxic substances. Survivors of such individuals may also be eligible for benefits.

The department said that the money went to 5,042 Colorado claimants under the EEOICPA.The department also said Coloradans had filed 8,713 cases under the act, but about 15% were ineligible for benefits. There are still 929 cases awaiting a final decision.

The act covers several facilities in Colorado including Rocky Flats, the Rulison Nuclear Explosion Site, and the Rio Blanco nuclear explosion site.

"It is our goal to compensate eligible claimants as quickly as possible. This milestone further demonstrates that we are working hard to achieve our goal," said Rachel P. Leiton, director of the department's Division of Energy Employees Occupational Illness Compensation. "We have compensated many deserving individuals from the state of Colorado. But we also believe there may be other Coloradans who have not yet filed for these benefits."

Swine Flu--What Should Employers Do

Until now, the swine flu (Influenza A virus, H1N1) has not reached pandemic status, but it could. No one has a natural immunity to it, so everyone must be careful. The number of swine flu cases reported in the United States and Mexico is increasing and the media are paying close attention to the outbreak, so many of the employees may have concerns regarding their potential for exposure to the flu at work and the steps employers are taking to ensure their well-being.

If you are an employer, then you have the duty to protect your employees. You should let your employees know that you’re aware, and you have made some preparation to deal with the flu. Basically, you can share with your employees various infection control instructions, such as frequent hand washing with soap and water, or even alcohol-based hand gels. Besides, there are some other aspects you should pay attention to:

First, you should review your safety policies and develop an emergency response plan. You should try to reach the “best practices” that go beyond legal requirements. This will be helpful. And an emergency response plan can deal with both natural and man-made disasters to protect employees and ensure continued operations at the facility.

Second, you’d better review your telecommuting policies and adjust them. If necessary, employees can be encouraged to stay at home if they experience flu-like symptoms. In this way, you can continue your operation in a crisis. This will be helpful and reduce your loss.

Then, you should make plans for the impact of a pandemic on your business, your employees and customers. Try to communicate to your employees that you are following the situation closely and will take all necessary steps to ensure their safety and health.

New Pregnancy Discrimination Regulations

According to a recent EEOC discrimination suit, employers should be cautious about routinely requiring fitness-for-duty certification from pregnant workers. This suit involved Britthaven, Inc. a corporation that owns and operates a chain of nursing homes and assisted living facilities.

Since 2002, the EEOC charged that the employer has subjected pregnant employees to different terms and conditions of employment, compared to non-pregnant employees. Specifically, the pregnant women are required to furnish a full medical clearance in order to continue working, even if the employee took no time off and did not indicate that she couldn’t perform her usual duties. This was contrast to the treatment of non-pregnant employees.

This practice resulted in employees being forced to take medical leave or were terminated in spite of the fact that they were fully able to perform all their job duties.

“Working women who chose to have children, should not be penalized or treated differently than other employees simply because they are pregnant,” said Lynette Barnes, regional attorney for the EEOC. “Employers must remember that paternalistic attitudes toward pregnant employees that result in unequal treatment at work violate federal law.”

In the past, pregnant workers are often required to work in the last 30 to 60 days of a pregnancy. That practice is now called into question, unless the employee has taken time off or otherwise indicated that she has restrictions or limitations.

California Got Nearly $4 Billion for Education

U.S. Secretary of Education Arne Duncan announced on April 17, 2009 that nearly $4 billion is now available for California under the American Recovery and Reinvestment Act (ARRA) of 2009. California is the first state to benefit from a special fund for states that was created by the economic stimulus law.

Duncan said the money will "save jobs and lay the groundwork for a generation of education reform." California will be eligible to apply for another $2 billion this fall. The funding is being made available per California's successful completion of Part 1 of the State Stabilization Application, which was made available April 1.
According to the Department of Education, the State Fiscal Stabilization Fund (SFSF) program is a new one-time appropriation under ARRA. The funding in the program could help save hundreds of thousands of teaching jobs nationwide at risk from state and local budget cuts, and also pay for projects to repair and modernize schools. In order to get the fund, California and other states had to submit applications that assure they will make progress in several areas, including teacher quality, turning failing schools around, allowing more charter schools to open and reporting whether state academic standards are rigorous enough. States also must set up sophisticated data systems to track student performance.

Duncan said he'll come down "like a ton of bricks" and withhold the next round of funds from anyone state or school that defies President Barack Obama's wish that the money be used to save teaching jobs and overhaul failing schools.

It is trend to pass Employee Free Choice Act

Nowadays almost every American is waiting for the approval of Employee Free Choice Act, including the America’s veterans.

Many of America’s veterans have come out in favor of the Employee Free Choice Act, among them, active and retired union members who have served in the armed forces. In Arkansas, these veterans got together Wednesday to talk about the Employee Free Choice Act. It’s the long cherished dream for them to form a union and fairness and respect in the workplace. It is one of the values that they fought for years.

Under the Employee Free Choice Act, employees will be more able to organize as a labor union bargaining for better wages and working conditions. If passed, employees could have more rights given by the EFCA to strike a better deal with their employers, making business and industry owners fairly share profits earned by employees' labors.

The Employee Free Choice Act is American’s needs. All Americans needs to stand up with their co-workers who need protection from firings and harassment.
We all need to step up and get involved in this campaign because this is our best shot to reform the current laws.

New H-1B Visa Restrictions Release

New restrictions for employers who receive stimulus find to hire foreign workers through the H-1B visa program was recently outlined by the Department of Homeland Security. On March 20, 2009, the U.S. Citizenship and Immigration Service announced these regulations.

Employers who receive TARP funds will need to provide additional statements to the U.S Department of Labor. It is to show that they have made good-faith attempts to fill the positions with qualified American workers.

H-1B regulations are generated under the Employ American Workers Act or EAWA which was signed on February 17, 2009. However, the new provisions are in effect until February 17, 2011. H-1B visas are granted for maximum of 6 years to highly-skilled, temporary foreign workers, such as IT industry, including computer programmers and software engineers.

Before hiring an H-1B worker, any employer who has accepted TARP funds must take a number of actions. The employers can use industry wide standards to make a good-faith effort to recruit and hire qualified U.S. workers. Employers must also show that they have offered the job to any U.S. worker who applies and is equally as qualified as (or better qualified than) the H-1B worker.

IFCO Systems Paid Back Wages and Penalties

IFCO Systems North America Inc., doing business as IFCO Systems, has paid $1,602,267 in back wages to its employees. DOL said the Wage and Hour investigation found 1,751 employees in 17 states had not been properly paid by the company for overtime hours that they worked as the Fair Labor Standards Act requires. The Wage and Hour Division also fined the company $963,050 in civil money penalties.

Investigators found that IFCO Systems, a Houston-based company that manufactures and repairs reusable plastic containers and wooden pallets, did not pay its employees time and one-half for hours worked over 40 in a workweek. The company also did not maintain the records that they are required to keep under the law.

The investigations took place in the states of Colorado, Florida, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Ohio, Oklahoma, Oregon, Tennessee, Texas and Utah on the case, according to DOL.

Back wages and civil money penalties have been paid in full, and the company has agreed to injunctive relief enjoining them from further violations of the FLSA.

A separate 2002 Wage and Hour Division investigation in Atlanta, Ga., found the company had violated FLSA, resulting in $30,538 in overtime back wages paid to 67 employees.

"The Department of Labor is a voice for working families, and I am committed to ensuring that employers comply with federal labor laws so workers can have confidence they will receive the compensation they've earned and deserve," said Labor Secretary Hilda L. Solis.

New I-9 Form In Effect

From April 16, 2009, all employers should begin using the new updated I-9 form. Expired identity documents will no longer be accepted on the new form. This is the biggest difference between the new version and the previous version of the I-9 form.

The Department of Homeland Security wants to ensure that “documents presented for use in the Form I-9 process must be valid and reliably establish both identity and employment authorization.” This is what the USCIS (US Citizenship and Immigration Services) notes.

The newest I-9 form adds a number of documents to List A, including:
Foreign passports with machine-readable immigrant visas
Passports from the Federated States of Micronesia (FSM) or
Passports from the Republic of the Marshall Islands (RMI)
Along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI

Besides that, the new I-9 form also eliminates several documents from List A, items that establish both identity and employment authorization.

The new I-9 was originally slated to be used beginning February 2, 2009. However, the Obama Administration gave employers an extra month to adjust to the new document.

California Has Its “Own FMLA Regulations”

The U.S. Department of Labor published new regulations governing the Family Medical Leave Act (FMLA). The rules became effective on January 16, 2009.

California Family Rights Act (“CFRA”) is called “California version of FMLA”. There are many similarities between CFRA and FMLA, but a HR professional should also know the differences between the two leave acts.


The new FMLA regulation can not be fully applied in California because California has its own separate statutory and regulatory scheme. The Fair Employment and Housing Commission, The California agency responsible for regulating CFRA, issued a statement and a chart comparing the two Acts and their regulations.

On November 17, 2008, the federal Department of Labor issued revised regulations interpreting the FMLA. These new regulations differ from comparable regulations that the Commission had issued interpreting the California Family Rights Act. The Commission plans to revise its CFRA regulations. It has made a comparison between the revised FMLA regulations and the Commission’s CFRA regulations.”

Although we do not have a clear idea when the new CFRA regulations will be proposed, and we do not know whether the new regulation will make a closer step to the new FMLA, there is one thing for sure: Employers must of course comply with both state and federal law.

The following are some examples.

Domestic Partners. CFRA covers leave to care for “spouses” in the traditional sense of the word and registered domestic spouses, while in FMLA registered domestic spouses are excluded.

Military Leave. FMLA now includes 26 weeks of leave to care for injured family members in the military, and 12 weeks of leave for “qualified exigencies” related to certain military deployments. California does not offer this right, although in a separate statute spouses of certain military members may take leaves.

Overtime. Under FMLA, overtime hours that would have been worked but for leave can be deducted from the 12 week leave entitlement. The employer has no such expression under CFRA.

ARRA for Employee’s Health Care

American Recovery and Reinvestment Act (ARRA) of 2009, the economic stimulus legislation, were approved by the House of Representatives and Senate On Friday, February 13, 2009.

On April 3, 2009, the Office of Management and Budget (OMB) published Implementing Guidance for ARRA. This is the second installment of detailed government-wide guidance for carrying out programs and activities enacted in the Recovery Act.

Employers’ obligations under COBRA have been significantly increased by ARRA.

Employees who have terminated their employment between September 1, 2008 and December 31, 2009 are entitled to continue their heath care coverage through COBRA. What those employees need do is pay 35 percent of their premiums for up to nine months. Employers are obligated to pay for the remaining 65 percent. Apparently employer has to pay some money; however, they do not have any loss as they can deduct their cost from federal payroll taxes. Employers must immediately comply with the law by providing notice to eligible individuals, collecting 35% of the premiums from the employees, paying 65% themselves, and filing quarterly tax returns claiming a credit for the 65% subsidized amount.


ARRA mandates that plans notify certain current and former participants and beneficiaries about the premium reduction. Employers should send notices to employees who are involuntarily terminated between September 1, 2008 and December 31, 2009.

The Department created model notices to help plans and individuals comply with these requirements. Each model notice is designed for a particular group of qualified beneficiaries and contains information to help satisfy ARRA’s notice provisions. The forms were posted on the DOL website on March 19, 200

Governor Schwarzenegger Signs Unemployment Extension

On March 27, Governor Arnold Schwarzenegger signed legislation extending unemployment insurance benefits for jobless Californians. To those employees who meet certain criteria, California's unemployment insurance benefits will be extended an additional 20 weeks, including the exhaustion of the 59 weeks of federal/state benefits previously available – 26 weeks of state benefits plus federal extensions totaling 33 weeks. Thus, some jobless residents now will be eligible for up to 79 weeks of aid.

Only jobless Californians whose existing benefits expired after Feb. 21 are eligible for the 20-week extension. The money will be an immediate lifeline for more than 75,000 California workers whose benefits would have run out on April 11. It is estimated that by the end of the year, about 400,000 additional laid-off workers should get the extra help. Officials expect the money to be spent on buying food and paying rent as the state's unemployment rate tops 10 percent.

"Accessing billions of dollars in federal unemployment aid not only will keep families in their homes, it's going to provide a quick boost to withering local economies and small businesses," said Art Pulaski, executive secretary-treasurer of the California Labor Federation.

New Due Diligence under Ledbetter Fair Pay Act

Since the Ledbetter Fair Pay Act release, when buying or merging with a new company, companies will have to add new step in their due diligence. Under the law, employees can sue for wage discrimination.

Now, the U.S. Senate has passed the Lilly Ledbetter Fair Pay Act of 2009, and President Obama has signed it into law. According to the new act, it allows for discrimination suits beyond the old 180-day deadline. This means that employers must retain records on the basis of compensation decisions far longer for defending against a possible lawsuit.

According to President, he intended “to send a clear message” by signing the bill: “That there are no second class citizens in our workplaces, and that it’s not just unfair and illegal – it’s bad for business – to pay someone less because of their gender, or their age, race, ethnicity, religion, or disability.” It was the first bill the new President signed following his January 20 inauguration.

However, the act is opposed by both the U.S. Chamber of Commerce and the Society for Human Resource Management (SHRM).