New Employment Laws
New Employment Laws
North Carolina Employment Law Attorneys
President Obama has signed a number of legislative initiatives into law that impact the workplace. Additionally, other initiatives — like the Employee Free Choice Act — are currently under consideration and may become law as well. At Law Offices of Robert Crawford, our lawyers counsel and represent clients in regard to new laws that effect both employers and employees.
If you need more information concerning your rights and obligations under new employment laws, contact employment law attorneys at Law Offices of Robert Crawford today to schedule a consultation.
The American Recovery and Reinvestment Act (ARRA)
The American Recovery and Reinvestment Act (ARRA) was signed into law in February of 2009. For employers, the ARRA introduces changes to COBRA and whistleblower protections. In regard to COBRA, employers are now responsible for 65% of COBRA premiums for employees that have been dismissed from their jobs. The ARRA does allow employers to recover these costs through tax credits against withholding and FICA taxes. However, if an employer decides to extend COBRA benefits to domestic partners, the subsidy must be recognized as income and cannot be submitted as a tax credit. There are a number of other issues the ARRA raises for employers that will affect the decisions companies make in regard to a number of issues.
Secondly, the ARRA provides broader protections for whistleblowers. Under the ARRA, whistleblower protections apply to employees who make a formal or informal complaint to a supervisor or company representative regarding safety issues, fraud, public health violations, and malfeasance. Further, the burden of proof for establishing retaliation now only requires that a whistleblower prove their status as a whistleblower led to harassment or unfair treatment. As a result, circumstantial evidence can now be used to meet the burden of proof requirement. Employers, however, must provide "clear and convincing evidence" that how an employee was treated had nothing to do with their being a whistleblower.
Lilly Ledbetter Fair Pay Act
In January of 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act. Essentially, this Act extends the statute of limitations involving cases of discrimination that fall under the Age Discrimination Employment Act (ADEA), the Rehabilitation Act, and Title VII of the 1964 Civil Rights Act. Under the Ledbetter Act, employees who experience discrimination now have more time to prepare their lawsuits. The Ledbetter Act is retroactive, applying to cases going back to May 28th of 2007.
Employee Free Choice Act
The Employee Free Choice Act (EFCA) (H.R. 1409, S. 560) is still being debated and considered in Congress. If passed, it would change how workers unionize and how a union is selected as the bargaining representative of a group of workers by the National Labor Relations Board (NLRB). It would effect how union cards are used and prevent employers from using a card check or secret ballot election. Additionally, the EFCA imposes binding arbitration in cases where an impasse has been reached and assigns strict penalties to employers who interfere with the rights of the NLRB.
Stay Prepared - Contact Our Employment Law Attorneys Today
Employment law is constantly changing, imposing new requirements and restrictions that impact the workplace. If you have questions about the implications of new employment law legislation, contact Crawford & Crawford today to schedule a consultation to discuss your case.
