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OUR LOCATIONS
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525 Northern Blvd.
Suite 210
Great Neck, NY 11021
tel: 516.466.3200
fax: 212.658.9313
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New York, NY
10017
tel: 212.786.7380
fax: 212.658.9313
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WE OFFER SERVICES
in these specialty areas:
· Complying with local, state and federal
employment laws and regulations
· Drafting
employment- related contracts
and advising on transactions
· Delivering training sessions on a variety
of HR and legal topics
· Advising on labor relations and union
avoidance
· Defending organizations in labor and
employment litigation
· Performing workplace investigations
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Real Workplace Issues
November 2009
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Greetings!
Welcome to the latest installment of "Real Workplace
Issues," a newsletter dedicated to providing our clients and friends with
practical, everyday employment law and HR information.
In this issue, we highlight the release of several important documents, including the New York State Department of Labor's "Notice and Acknowledgment of Wage Rate and Designated Pay Day" forms, and the Equal Employment Opportunity Commission's new "EEO" poster.
We also summarize the recent expansion of Military FMLA Leave, and remind employers to pay attention to state family military leave laws which may impose additional obligations on them apart from the FMLA.
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As always, feel free to contact us
should you require any assistance, or have any questions regarding the
information contained in this newsletter.
Sincerely,
Halpern Employment Law Advisors
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NYS Dept. of Labor Releases "Notice of Pay" Form
The New York State Department of Labor has released its long-awaited model "Notice and Acknowledgment of Wage Rate and Designated Pay Day" form. Employers are required to provide this form to employees at their time of hire. (According to a recent NYSDOL press release, employers are expected to use the government's form as opposed to a form of their own.) The form provides newly hired employees with written notice of their rate of pay, rate of overtime pay (if applicable) and their regular pay day. Employees must sign the form (acknowledging their receipt of written notice), and employers must retain the forms for a minimum of six (6) years. The NYSDOL has also published "fact sheets" describing the new law for employers and employees. The form and fact sheets can be found on the NYSDOL's website. In addition, the NYSDOL has published a separate "Notice and Acknowledgment of Wage Rate" form for "Temporary Help Firms," whose rates of pay often vary for each assignment. This form (and the accompanying explanatory guidelines) can also be found on the NYSDOL's website. |
EEOC Releases New "EEO" Poster
The EEOC has updated its "Equal Employment Opportunity" poster to reflect the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) and the Genetic Information Nondiscrimination Act of 2008 (GINA). This poster is required for all employers with 15 or more employees.
The EEOC notes on its website that covered employers can comply with this posting requirement in one of three ways: (1) print the "EEO is the Law" poster supplement and display it next to the older version of the poster, (2) print and post the new "EEO is the Law" poster, or (3) order the new poster through the EEOC Clearinghouse (for those employers who need more than 10 copies).
As stated in the poster, "Title
II of the Genetic Information Nondiscrimination Act of 2008 protects
applicants and employees from discrimination based on genetic
information in hiring, promotion, discharge, pay, fringe benefits, job
training, classification, referral, and other aspects of employment.
GINA also restricts employers' acquisition of genetic information and
strictly limits disclosure of genetic information. Genetic information
includes information about genetic tests of applicants, employees, or
their family members; the manifestation of diseases or disorders in
family members (family medical history); and requests for or receipt of
genetic services by applicants, employees, or their family members." The GINA statute becomes effective November 21, 2009.
For more information on the ADAAA, see our January 2009 newsletter. |
Expanded Military FMLA Leave Signed into Law
President Obama recently signed into law the 2010 National Defense Authorization Act which (among other things) expands Military FMLA leave in the following ways:
- Qualifying Exigency Leave, which was previously limited to family members of those in the National Guard or Reserves, is now extended to family members of active duty members of the Armed Forces. In addition, the requirement that a call to active duty be in support of a contingency operation was removed, and covered active duty now relates to when a member of the Armed Forces is deployed to any foreign country.
- Military Caregiver Leave, which was previously limited to the family of active duty members, will now be extended to family members of veterans who are undergoing medical treatment, recuperation or therapy for a "serious injury or illness," and who were members of the Armed Forces (including the National Guard or Reserves) at any time during the five (5) years preceding the date of treatment, recuperation or therapy.
- "Serious injury or illness" now includes any injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. For veterans, the injury or illness may manifest itself before or after the member became a veteran.
These new FMLA rights are effective immediately, and employers should revise their FMLA policies to reflect these changes. We expect revised FMLA regulations and a new FMLA poster to be released in the near future. |
Reminder: State Family Military Leave Laws
Now is also a good time to remind employers that the states in which they operate may impose additional family military leave obligations on them apart from those under the FMLA.
Under New York Labor Law 202-i, for example, New York employers who have 20 or more employees must provide 10 days of unpaid leave to the spouse of a member of the Armed Forces (including National Guard or Reserves) on active duty in a combat theater or zone of operations. This leave can only be used when the member of the Armed Forces is on leave from active duty, and the employee must work at least 20 hours per week to be eligible.
Other states with family military leave laws include California, Connecticut, Illinois, Indiana, Maine, Minnesota, Nebraska, Oregon, Rhode Island and Washington.
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