Wednesday, November 25, 2009

New EEOC Poster Available with the Department of Labor

*By David R. Vance

The Genetic Information Nondiscrimination Act (“GINA”) went into effect on Saturday, November 21, 2009. GINA grants the Equal Employment Opportunity Commission the authority to police workplace discrimination based on genetic information. In conjunction with the Department of Labor’s implementation of GINA, the Department of Labor recently published a new “Equal Employment Opportunity is the Law” poster on its website. Immediate compliance with GINA requires employers to post this new poster or its supplement. The revised poster and its supplement can be found here.

Employers should also revise all other stated anti-discrimination policies to include GINA.

*David R. Vance practices in all areas of employment discrimination. For more information concerning the Genetic Information Nondiscrimination Act or any other employment issue, please contact David at 216.696.4441 or drv@zrlaw.com.

Wednesday, November 11, 2009

FMLA Coverage for Military Families Expanded

By Patrick M. Watts

President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (H.R. 2647) on October 28, 2009 expanding military benefits under the Family and Medical Leave Act (FMLA). The Act expanded eligibility to family of regular service members for "qualifying exigency" leave. Previously, exigency leave was only available for family members of those serving in the Reserves or National Guard.

The Act allows family members to take up to 12 weeks of leave arising out of the active duty status of a spouse, son, daughter or parent. Several events constitute a qualifying exigency, including short-notice deployment, child care and school activities, financial and legal arrangements, rest and recuperation, post-deployment activities, counseling, military events as well as other activities.

The Act also expands the leave a military caregiver can take in a 12-month period. Covered family members can now take up to 26 weeks of leave to care for veterans in some circumstances. Eligible employees can take caregiver leave up to five years after the veteran leaves active duty.

Employers should update their FMLA policies so employees are advised that they may be entitled to additional leave. Because of the nature of regulations, more employees will now be entitled to leave.

Tuesday, November 10, 2009

President Obama Extends Unemployment Insurance

*By Stephen S. Zashin

President Obama signed the Worker, Homeownership, and Business Assistance Act of 2009 (H.R. 3548) on Friday, November 6th as unemployment reached 10.2%. The Act will extend unemployment insurance benefits by 14 weeks in all states. States with higher average rates of unemployment (8.5% over a three-month period) will receive up to 6 additional weeks of benefits for a total of 20 weeks.

The National Employment Law Project reports that benefits for one million unemployed individuals would have ended without the extension. The legislation also includes amendments extending the first-time homebuyer tax credit and tax credits for businesses sustaining operating losses in 2008 or 2009.

If you have any questions how the unemployment benefits extension may affect your business, please contact Stephen S. Zashin at 216.696.4441 or ssz@zrlaw.com.

*Stephen S. Zashin is an OSBA Certified Specialist in Labor and Employment Law and has extensive experience in all aspects of workplace law. For more information about defending allegations of public policy discrimination, please contact Stephen at 216.696.4441 or ssz@zrlaw.com.