The year 2009 brought major changes in federal & state employment and labor laws. Many of the changes expanded employee rights and opened the doors to investigations of employers and their HR practices.
The laws enacted in 2009 include:
Lilly Ledbetter Fair Pay Act- Changes the statue of limitations for pay discrimination claimants.
FMLA Military Leave Amendments- Gives families of service members the ability to take "military caregiver" and "qualifying exigency" leave.
ADA Amendments Act & Regulations- Broadens the protection for disabled workers and lowers the standard for determining whether an individual is disabled under ADA.
American Recovery & Reinvestment Act of 2009- Provides premium subsidiary for laid off employees who elect continued group health coverage under Cobra.
Genetic Information Non Disclosure Act (GINA)- Prohibits improper use of genetic information in health insurance and employment.
E-Verify- Requires federal contractors and subcontractors to use the E-verify system to verify employees eligibility to work in the US.
Federal Minimum Wage Increase- Increased the federal minimum wage to $7.25 per hour.
MD Workplace Fraud Act- Targets employers who wrongly classify their employees as independent contractors.
Now more than ever, it's important for businesses to pro-actively manage their employment and labor practices in order to stay compliant with the new regulations. Keeping handbooks updated and current, documenting all HR decisions, including compensation decisions, and identifying and addressing all human resource areas that may be susceptible to lawsuits is a good place to start.
With all the major changes that took place in employment and labor laws this year it's no wonder that many are calling 2010 the "Year of the Employee"!