September 23, 2009

Changes to labor, employment law and litigation are constant. In an effort to streamline your busy day, we are introducing a newsletter format. We hope you find it useful and informative.

Department of Labor Calling?

In one area, hiring is up. Beware--many new hires will be federal employees working as investigators. In response to a scathing government report of violations, the Department of Labor (DOL) has announced it will hire 250 more wage and hour investigators. DOL is charged with enforcing the Fair Labor Standards Act (FLSA). What are they looking for? The most likely violations involve OT pay, minimum-wage violations, denied breaks mandated by law and illegal retaliation. The DOL wants to see accurate records as well. Time to be prepared: an audit of compensation polices, record keeping, and best practices now will prevent DOL headaches later. We can help.

A Return Engagement

As expected, the H1N1 virus is back this fall after a trip around the world. Employers should keep in mind that the Americans with Disabilities Act (ADA) requires reasonable accommodations to employees with disabilities and prohibits discrimination on the basis of a disability. What should employers do? Written guidance clarifying sick leave policy, encouraging infection prevention, and providing up to date information via mail or email may eliminate confusion. There are many resources, including the Centers for Disease Control website (www.cdc.gov) and the Equal Employment Opportunity Commission (EEOC), which monitors the ADA. EEOC guidance can be found at www.eeoc.gov/facts/h1n1_flu.html. Please contact us if you need assistance with employee communication or a plan to protect from the legal and practical implications of this potential pandemic.

Extention of Unemployment Benefits

The US House of Representatives just passed legislation granting another 13 week extension for states where unemployment if greater than 8.5%. As of September 17, 2009, Massachusetts unemployment rate is 9.1% according to the Mass. Office of Workforce Development. The Senate is expected to take up the measure in a few weeks and the White House is supporting the extension.