The Legal Brief presented by the Farrar Law Firm

U.S. Federal and State Laws
Changes and additions to federal and state laws will also take precedence in 2010. In the new year, be sure to keep up to date with changes to your state laws that could effect your business. Some of this year’s proposed federal acts that could impact your business include:

The Employee Free Choice Act (EFCA)
The EFCA is set to be considered by Congress immediately after the healthcare reform bill is completed. The EFCA bill would amend the National Labor Relations Act to permit the use of union cards as a substitute for secret ballots.

The Employment Non-Discrimination Act (ENDA)
ENDA would prohibit discrimination against employees on the basis of sexual orientation or gender identity for civilian, nonreligious employers with more than 15 employees.

The Healthy Families Act
The Healthy Families Act would require employers with over 15 employees to provide workers with up to 56 hours or 7 days of paid sick leave each year. If passed, for every 30 hours worked, workers would accrue one hour of paid sick leave.

The Americans with Disability Act Amendments Act (ADAAA)
The intent of the ADAAA is to reinstitute a larger scope of protection for individuals with disabilities after various Supreme Court decisions altered some of the protection established by the original Americans with Disabilities Act passed in 1990. The act will make it necessary for employers to discuss reasonable accommodations with employees who may have a disability.

The Genetic Information Nondiscrimination Act (GINA)
The GINA act took effect on Nov. 21, 2009 and prohibits employers from discriminating against employees or applicants based on their genetic information. The act also restricts how and when employers may acquire or disclose employee genetic information. All employers should review their medical information policies. If your company sponsors a health and wellness program, experts encourage you to consult with an experienced labor and employment attorney.

COBRA Extenstion
The U.S. Senate passed the Fiscal Year 2010 Department of Defense Appropriations Act in December 2009. The federal spending bill included provisions to extend and expand the COBRA subsidy program. The bill expanded the COBRA premium subsidy period from nine to 15 months. It also changed the end date for eligibility for the subsidy from Dec. 31, 2009 to Feb. 28, 2010.