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Henderson Franklin’s Employment Law Practice Group welcomed a record 280 attendees to its annual HR Law & Solutions Seminar on April 27, 2010.  Attendees learned about the latest case law and legislative updates, the risks and rewards of social media plus tips on crafting a social media policy, and the top 10 ways to protect the bottom line when dealing with workers’ compensation claims.  After lunch, Sean Carter had everyone laughing out loud with his hilarious “Cleaning Up the Stress Mess” presentation.

We also recognized our first HR Law & Solutions “Hall of Fame” class.  This very special class includes those attendees who were acknowledged for their tenure and contribution to our seminar.  Congratulations, and thank you to each member.  Pictured from left to right:  Jane Rawson, Peggy Taylor, Susan Merris, Richard Intartaglio, Karen Anderson, Teresa Dudek, Steve Csotty, Charlotte King, and Becky Hayes-Foriest.  Also included but not pictured:  Sabra Smith.

We would like thank everyone who attended this year’s HR Law & Solutions Seminar.  Plans for next year are already in the works.  Check back here for an announcement of the date soon.

As part of the recently enacted Patient Protection and Affordable Care Act (“PPACA”), the Fair Labor Standards Act has been amended to require breaks for nursing mothers.  Effective immediately, employers must now provide “reasonable” breaks for nursing mothers to breastfeed or express breast milk.  The amendment does not define “reasonable,” nor does it specify the length or frequency of the required breaks.  The reasonable breaks, which must be provided for up to one year after the child’s birth, can be unpaid breaks.

Additionally, employers must also provide a private place, other than a restroom, that is “shielded from view and free from intrusion from coworkers and the public.”

Many states already have laws related to nursing in the workplace.  Florida, however, is not one of them.  While Florida Statute 383.015 allows women to breastfeed in any public or private location, no law in Florida specifically required an employer to offer breaks for nursing mothers.

Expect the Department of Labor to issue guidance on this issue shortly.  Until then, employers must take care to design appropriate break policies to ensure compliance with this new FLSA requirement.

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MEMO

To:   All Employees  

From:   Miss Blu* in HR

Re:  Workplace Policy #101:  Drinking at Company Party

As you are aware, the company party is coming up this weekend. HR is concerned that some employees will get snockered at this event. Since some of those in HR plan on getting wasted as well, HR has put into place some guidelines for all employees who choose to consume alcoholic beverages.

You should have someone who is sober drive you home or you should have someone call you a cab if:

  • You are taking off articles of clothing (you have had too much to drink)
  • You are vomiting at any point in the evening (you have had too much to drink)
  • You are starting to bad mouth the boss and/or company (you definitely have had too much to drink)
  • You are falling down, “tripping” or running into walls or other objects (you are drunk)
  • You start hitting on the busboy in front of your date/escort (you are probably intoxicated and should seek alternate ways home, unless the busboy offers to take you home, then your problem is solved)
  • You think you sound good when you sing the karaoke version of My Achy Breaky Heart (enough said — you are wasted)

HR requests that the above guidelines be followed on Saturday. If anyone has any questions, please see HR. Failure to follow these guidelines could result in disciplinary action, up to and including immediate termination.

*Miss Blu is the nom de plume for a Human Resources professional who lives and works in Southwest Florida.  You can find her complete biography here.

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The Department of Labor recently issued updated COBRA model notices to assist employers in complying with the recently enacted Temporary Extension Act of 2010 (“TEA”).  The DOL website has the following model notices available:

The website contains helpful information on each model notice so employers can determine which notices to send and each notice must be sent.  Employers should take care to ensure they are sending out the appropriate updated notices as required by the TEA.

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President Obama signed the HIRE Act, a $17.5 billion jobs bill, into law earlier today.  The bill includes tax breaks for small businesses and highway program funding intended to promote job growth.

Small businesses that hire out-of-work employees will be exempt from paying the 6.2 percent Social Security payroll tax through December.  To qualify, the employee must have been unemployed for at least 60 days.  Businesses would also get a $1,000 tax break if they keep the worker for at least one year.

According to the President,

“Many [small businesses] are on the fence right now about whether to bring on that extra worker or two, or whether to hire anyone at all.  This jobs bill should help make that decision much easier.”

In addition to the tax breaks for small businesses, the HIRE Act also extends the Highway Trust Fund so states can continue funding transportation construction jobs.

The HIRE Act is the first in a series of jobs packages designed to accelerate the rebuilding of the economy and help millions of unemployed workers get back to work.

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Register now for the 18th Annual HR Law & Solutions Seminar.  This seminar, sponsored by Henderson Franklin’s Employment Law Practice Group, will be held on April 27, 2010 at the Pelican Preserve Country Club Clubhouse in Fort Myers, Florida.  Registration and continental breakfast begin at 7:45 a.m.  Topics include:

  • Employment Law and Legislation Update, presented by John F. Potanovic, Esq. and Robert C. Shearman, Esq.
  • Social Not-Working, presented by Suzanne M. Boy, Esq. and John D. Agnew, Esq.
  • Top 10 Ways to Protect Your Bottom Line When Dealing with Workers’ Compensation Claims, presented by Cora C. Molloy, Esq. and David H. Roos, Esq.
  • Cleaning Up the Stress Mess, presented by Sean Carter, Esq.
  • Breakout Sessions

The seminar has been approved for by HRCI 4 recertification credits. “The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.”

 

Contact Gail Lamarche, Henderson Franklin’s Marketing Director, with any questions.  Gail can be reached at 239.344.1186 or gail.lamarche@henlaw.com. 

 

On March 2, 2010, President Obama signed the Temporary Extension Act of 2010 into law.  This bill, which applies retroactively, extended the COBRA subsidy for individuals who lose group health coverage due to an involuntary termination that occurs up to and including March 31, 2010.  The previous cut-off date was February 28, 2010.

In addition to the subsidy extension, the bill also includes a provision that allows certain employees who initially lost group health coverage due to a reduction in hours and were later terminated to receive the subsidy.  The New York Labor & Employment Law Report recently covered this change in detail in:  COBRA Subsidy Available for Reduction in Hours Followed by Involuntary Termination.

Congress is currently considering additional legislation that would extend the COBRA premium subsidy even longer.  The House is considering the Jobs for Main Street Act, which would extend the subsidy through June 30, 2010.  The Senate is considering the American Workers, State, and Business Relief Act of 2010, which would extend the subsidy through December 31, 2010.

Employers should monitor these bills closely to ensure compliance with all COBRA notice, premium subsidy, and related requirements.

Federal unemployment compensation and COBRA benefits expire tonight due to a gridlocked vote in the Senate.  As FOXNews reports:

Unemployment insurance and COBRA benefits will expire Sunday for millions of voters because the Senate was unable this week to pass a short-term extension, a failure that reflects partly the partisan gridlock that has stalled the Democratic legislative agenda and partly the Senate rules that allows one lawmaker to block legislation.

According to the FOXNews article, while benefits are set to expire today, the Senate should be able to renew them with a Tuesday vote.  Congress will soon take up a broader bill in its “jobs agenda,” which includes an extension of the benefits for one year.  The bill is expected to pass by the end of next week.

As CNNMoney reports, the effect of the current benefits expiration is that unemployed workers will not be able to apply for the federal benefits during the expiration period, and those workers will stop receiving federal unemployment compensation checks once their state benefits or current federal benefits run out.  If the new extension is approved, jobless workers could reapply for federal benefits, but they will not receive missed payments.

Southwest Florida HR Law & Solutions will continue to monitor these developments, and will post updates as they occur.

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A provision in fictional ACME, Inc.’s employee handbook states:

“All employees are strictly prohibited from discussing their salary or wage information with one another. Violation of this policy may lead to discipline up to and including termination.”

This provision, or one similar to it, is undoubtedly found in handbooks or other work rule documents in many workplaces. Is there a problem? Yes—and it could become more pronounced if not rectified soon by ACME and/or other employers.

Many employers are surprised to learn that the National Labor Relations Act (“NLRA”) applies to non-union workplaces. It does, and Section 7 of the NLRA guarantees that all employees, regardless of union status, have the right to engage in “concerted activities for the purpose of . . . mutual aid or protection.” This means that all employers, both union and non-union, are prohibited from interfering with their employees’ right to discuss terms and conditions of employment, including wages and benefits, with each other.

In a relatively recent National Labor Relations Board decision, the NLRB found that an employer’s “Confidentiality” rule, which prohibited employees from discussing disciplinary information and salary, “plainly infringes upon Section 7 rights” as it “explicitly restricts discussion of terms and conditions of employment.”

Now that we know stifling discussion about wages and benefits risks violation of the NLRA, what about other ramifications?  Another consideration after the jump.

Continue Reading The NLRA…Not Just for Unionized Workplaces

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The Employment Law Practice Group is pleased to provide the February 2010 edition of the Employment Law Update, which features the following articles:

  • Did you know that Florida ranks second only to California in the number of wage and hour suits brought against employers?  Robert Shearman provides employers with a timely update and advice in “Taking Care of Business and Working Overtime: FLSA Lawsuits on the Rise.”
  • Whether an employee is terminated because of a depressed economy or poor performance, severance agreements are important for employers and employees alike. John Agnew explains in “Why a ‘Golden Parachute’ Can Be As Good For The Employers As It Is for the Employee, Especially in Difficult Economic Times.”
  • In the article “Amendment to FMLA Expands Military Family Leave,” Joanne Lashey explains how FMLA policies should be reviewed and revised to comply with changes to exigency leave, contingency operations and caregiver leave requirements.