Recently passed Legislation
On May 21, 2008 President Bush signed the Genetic Information Nondiscrimination Act of 2008(GINA), which prohibits discrimination by employers and health insurance companies on the basis of genetic information. The employment provisions of GINA will likely take effect in November 2009, and will be enforced by the Equal Employment Opportunity Commission (EEOC).
GINA also includes a provision that increases the penalties under the Fair Labor and Standards Act (FLSA) for child labor violations that result in a child’s death or serious injury. The maximum penalty for each violation was raised from $11,000 to $50,000-increassing to as much as $100,000 for repeated or willful violations.
President Bush Signs Bill Extending Unemployment Insurance Benefits
On June 30th, President Bush signed into law H.R. 2642, the supplemental appropriations bill that provides up to 13 weeks of extended unemployment insurance (UI) benefits in all states.
The primary UI-related features of the bill include:
- Emergency unemployment compensation benefits will be available to individuals who have exhausted regular unemployment compensation under state law in all states for up to 13 times the individual's average weekly benefit amount for the benefit year or 50 percent of the total amount of regular compensation payable to the individual during the individual's benefit year, whichever is less. (Note: this means that if individuals qualify for fewer weeks of regular state benefits they will only be eligible for 50 percent of that amount e.g. an individual qualifying for 20 weeks of state benefits would only receive 10 weeks under the new federal extension;
- The bill provides a reachback to individuals who have exhausted regular unemployment compensation and whose benefit year ended no earlier than May 1, 2007.
- To be eligible, individuals must have exhausted all rights to regular state compensation and have worked 20 weeks in full-time covered employment or earned the equivalent in covered wages;
- No payments of federal emergency benefits would be made for any week beginning after June 30, 2009.
H2B Visa Gap a Problem for Employers an Opportunity for the U.S. Workforce System
Annually, immigrant workers (66,000 of them) are allowed into the United States for short-term work in a variety of jobs under the federal H2B Visa Program. In addition to the 66,000 new immigrants, immigration law has, until this year, allowed immigrants who had previously taken advantage of the H2B Visas to re-enter the U.S. to work short-term. But not this year due to a failed Congressional attempt for a comprehensive immigration law reform. The result is a nationwide shortage of immigrant workers on whom hundreds if not thousands of employers have depended each year.
In Cape Cod and Martha’s Vineyard, Massachusetts, inn-keepers, restaurant owners, and transit authorities are now without the workers that have come to them annually from outside the U.S. to perform jobs such as transportation drivers, housekeepers, front desk workers, dishwashers, and maintenance workers. Many employers have enjoyed the same immigrants come to them each and every year , and one business owner said that he has developed close relationships with them, almost like family.
On Mackinac Island, Michigan, the operator of the island’s Grand Hotel is feeling the impact of the H2B gap, as are owners of other hospitality venues. A landscape company owner was recently cited on NPR as losing the annual workers he get to unload the trees he delivers each summer. Employers alike are telling the story of good wage jobs filled by the H2B immigrants, for which the employers say they cannot find U.S. workers who are willing to do the jobs.
Conversation around immigration reform include such comments as the H2B taking jobs away from U.S. workers and giving them to immigrants who earn the wages and then take them back home out of the country. There appears to be no relief to the issue until after the November election. Some effected employers are attempting to recruit other employers’ H2B Visa holders, while others are hoping that local job fairs, open house recruitments, and on-campus recruitment at colleges will help.
New Qualifying Events Expand FMLA (Family and Medical Leave Act) for Military Families(02/2008)
The Federal Family and Medical Leave Act is being expanded for the first time since its enactment 15 years ago. Employers will have to offer 26 weeks of unpaid leave to workers who provide care to wounded U.S. military personnel and 12 weeks of FMLA leave to immediate family members of soldiers, reservists and members of the National Guard who have a “qualifying exigency.”
Under the new law, FMLA eligible employees will now be entitled to the following:
Family and Medical Leave due to a call to active duty. This benefit provides 12 weeks of FMLA leave due to a spouse, son, daughter or parent being on active duty having been notified of an impending call or order to active duty in the Armed Forces. Leave may be used for any "qualifying exigency” arising out of the servicemember’s current tour of active duty or because the servicemember is notified of an impending call to duty in support of a contingency operation.
Caregiver Leave for an Injured Servicemember. This benefit provides 26 weeks of FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or nearest blood relative caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or illness while on active-duty that may render the person unable to perform the duties of the member’s office, grade, rank or rating.
Most of the provisions of the FMLA remain unchanged and will apply to these new types of FMLA leave, including employer coverage, employees eligibility requirements, health insurance continuation, and reinstatement rights. Employees can utilize this leave in an incremental basis or in the smallest increment that the employer’s payroll system tracks under both of these new leave requirements.
While the U.S. Department of Labor (DOL) will need to reissue regulations to fully implement this new law, they have released guidance that indicates the caregiver provisions of the law is effective as of January 28, 2008, but the call to active duty provision will not be effective until the Secretary of Labor issues final regulations defining “any qualifying exigency.” In the interim, the U.S. DOL encourages employers to provide this type of leave to qualifying employees.
New Federal Minimum Wage Starts July 25, 2007. Click on link to get details 
Congress approved minimum wage increase expected to be signed by President Bush (06/1/2007)
The House and Senate late this week approved legislation (H.R. 2206) to increase the minimum wage to $7.25 over a two-year period. The bill is expected to be signed by President Bush. The provision to increase the minimum wage is included in the emergency supplemental spending bill to fund the war in Iraq. Under the bill, the minimum wage would increase from its current level of $5.15 an hour to $5.85 an hour within 60 days of enactment and to $7.25 an hour within two years of enactment. Included with the wage hike are a number of business tax relief provisions including an extension to August 31, 2011 of the Work Opportunity Tax Credit (WOTC). The legislation also would expand eligibility to individuals under WOTC by more broadly defining qualifying veterans, first-year wage earners, high-risk youth and those workers referred through the vocational rehabilitation system. Following today's session, the Congress is in recess the week of May 28 for the Memorial Day holiday.
Bridging the Gap
The Georgia Department of Labor’s HCTC Bridge Program may be able to assist you while you are waiting for HCTC advance payments to begin. The Bridge Program pays 65% of your health insurance premium if you qualify. You pay only the remaining 35%.
For more information of the Georgia Department of Labor’s HCTC Bridge Program please call 404-232-3672.
