Commissioner Thurmond Accompanies Executive Board To Washington

  This year’s Georgia Employer Committee Executive Board legislative trip proved to be another successful and informative event.

 

One of the many highlights of this year’s trip was having our own Georgia Department of Labor Commissioner, Michael Thurmond join the board during their visits with Congressman John Lewis and Senator Saxby Chambliss.

 

The board also met with U.S. DOL (Department of Labor) Assistant Secretary of Employment and Training, Emily DeRocco.

 

The trip began with a legislative briefing meeting with Doug Holmes, UWC’s (Unemployment and Workers' Compensation Group) president. Doug discussed several issues and legislation which could affect our employers as well as the Georgia Department of Labor.

 

Issues included the possible impact on Unemployment Insurance and Worker’s Comnpensation rates relative to future Immigration legislation, Minimum Wage legislation and WIA (Workforce Investment Act) funding.

 

Doug commended our Georgia Employer Committee Executive Board members for their efforts in keeping the Georgia Employer Committees active and still in operation.

 

Some of our Georgia Representatives’ schedules unfortunately did not allow the time to meet with our Board members, these included Representative Jim Marshall, Representative Nathan Deal, Representative Tom Price, Representative Sanford Bishop and Representative Hank Johnson. The board members however did meet with the above representatives’ labor legislative assistants.

 

The legislative assistants for the most part were receptive of the issues and vowed that they would share these issues and the board members’ concerns with their respective Congressmen.

 

The board did indeed meet with the following representatives:

 

Representative Jack Kingston, Representative David Scott, Representative John Linder, Representative Lynn Westmoreland, Representative John Lewis, Representative Phil Gingrey, Representative John Barrow, Senator Saxby Chambliss and Senator Johnny Isakson.

 

Legislative issues that were discussed included:

 

FMLA (Family and Medical Leave Act Reform) The U.S. Department of Labor accepted public comments regarding its Family and Medical Leave Act regulations through February 16, 2007.

 

The Board shared their concerns that the DOL regs need to be revised to make FMLA clearer and easier to apply.

 

Many definitions included in the current FMLA regs are unclear; one example is the current definition of a “Serious Health Condition”.

 

Current regs define “serious health condition” as an illness, injury, impairment or physical or mental condition that involves (A) inpatient care in a hospital, hospice or residential medical care facility (B) continuing treatment by a healthcare provider, and definitions include a period of incapacity of more than 3 consecutive calendar days involving treatment 2 or more times by a health care provider or treatment on at least 1 occasion followed by a regiment of continuing treatment.
This definition has provided FMLA coverage for non-serious conditions not meant to be covered by FMLA, such as colds, earaches, and minor dental issues.

 

These serious conditions and regulations need to be more clearly defined by US DOL –perhaps move required incapacity from 3 to 5/7 days-this would eliminate minor issues. Also base incapacity on work days not calendar days and require covered individuals to receive treatment during the period of incapacity not at a later date.

 

The regs on Essential Functions and Light Duty also need to be looked at so that an employee can return back to work if a position of a lighter duty is available, not just be allowed to return to work only if they can perform their current job/duties.

 

The board also discussed possibly including a waiver of rights so that IF an employee would like to accept a settlement agreement from their employers they may. (Similar to waivers that are allowed under the current Age Discrimination and Employment Act Claims.)

 

The second issue discussed was House Bill 298 (Flexible Spending Account)

 

This bill would amend Internal Revenue Codes to allow unused amounts in flexible spending accounts to carry over to the next year’s plan.

 

The third issue discussed was HR 154 (Ending the Medicaire Disability Waiting Period Act of 2007)

 

The bill would amend the Social Security Act to phase out the 24-month waiting period for disabled individuals to become eligible for Medicare benefits and eliminate the wating period for individuals with life threatening conditions.

 

Other items of interest were the continuation of WIA (Workforce Investment Act) funding and increasing employment opportunities for individuals with disabilities.

 

All of our Georgia delegation was once again receptive to the board’s concerns about the aforementioned issues. They assured the board members that they would be calling on them for further assistance and were grateful for the opportunity to use our Executive Board members as a resource for any future workforce issues or pending legislation.

 

This year’s visits also included a meeting with U.S. Assistant Secretary of Labor, Emily DeRocco. Secretary DeRocco went over the U.S. DOL’s 2008 budget proposal.

 

She shared a few objectives of the U.S. DOL’s initiatives included in the proposal of protecting workers, reforming the job training system to re-train workers to compete in today’s Global Economy and streamline WIA funds by allocating all funds into one fund source for states to use as they deem necessary.

 

These funds would be used for various programs, i.e., WIA, Dislocated Workers, Youth and Employment Services. Per Asst. Secretary DeRocco’s explanation, the funds would be distributed to the Governors of each state and they in turn would be allocated accordingly.

 

Board members shared their concerns about this and also pointed out that unlike some other states, we in Georgia have a strong and effective Dept. of Labor that truly works with their business communities and local workforce boards. The information shared about all of the funds being streamlined and the Governor having control in distributing the funds may not offer a fair means of distribution based on needs of each local area.

 

State distributed funds need to be safeguarded and monitored rather than left at the control of one state office to distribute as they see fit. Local level partners need to have a say so in how and where these funds are needed the most and distributed according to needs.

 

Asst. Secretary DeRocco assured the board that the DOL’s budget proposal would include plans to distribute and monitor funds equitably at the local level.

 

Legislative items that were being debated on the hill during the board’s visit included HR 800, “The Employee Free Choice Act.” This act would ease the path of workers trying to organize unions. The bill would allow union organizers to by-pass secret ballot elections if a majority of employees signed cards authorizing a union. The bill did pass the House on Thursday, March 1st.

 

On the Senate side, Immigration Reform was being debated. Leaders in Washington remained confidant that the White House shares desires to enact some type of immigration legislation this year.

 

(For more information on proposed, debated and passed bills you may access this information by going to GovTrack.us).

 

In closing, I would like to thank our Georgia Employer Committee Executive board members who took the time out of their busy schedules to go to Washington and share (and at times, educate) our Georgia delegation about issues that are important to both our Georgia Employers as well as our Georgia Dept. of Labor.

 

Our representatives in Washington acknowledged the fact that this partnership between our Ga. Dept. of Labor and our employer committees is vital to the future workforce in Georgia. We should remain proud that we have this type of relationship between the private and public sector.

 

Regardless of whether legislation on the issues that the group discussed does indeed get passed, the trip continues to be worthwhile in that it still offers an opportunity to share with our Georgia representatives in Washington the many successes we in Georgia are so proud of!