Employee Misclassification Prevention Act (EMPA)

Congress is considering the Employee Misclassification Prevention Act and if it passes it will make it even harder on employers by adding even more administrative work and penalties. The legislation, introduced by U.S. Senator Sherrod Brown (D-OH) and U.S. Rep. Lynn Woolsey (D-CA), hopes to reduce the amount of misclassified workers by:

• requiring employers to provide each of their workers with a written notice that defines their classification.

• increasing penalties on employers that misclassify their employees and are found to have violated employees’ OT or minimum wage rights. The proposed penalties would be up to $1,000 per employee for first-time violators and up to $5,000 for repeat violations.

• ensuring employers keep records that reflect the accurate status of each worker.

• creating an “employee rights Web site” that would inform workers about their federal and state wage and hour rights and help them determine when an employer is violating the Fair Labor Standards Act (FLSA). It would even include a link to file a complaint with the DOL.

• providing additional protections to workers who are discriminated against because they have sought to be accurately classified.

• mandating that states conduct audits to identify employers who misclassify workers.

• requiring that DOL monitor states’ efforts to identify misclassification.

This act is still be proposed and has not been enacted yet. We will keep you updated as we are made aware of updates regarding this act.

Revised ADA Regulations on the Horizon

The proposed changes are intended to bring the regulations into accord with statutory amendments to the ADA that became effective in January 2009. Like the recent statutory changes, the regulations are expected to lessen emphasis on whether a plaintiff meets the test of "disability" under the law, an issue that was, in the past, often determinative of ADA cases. Instead, the new regulations are anticipated to increase focus on whether reasonable accommodation is possible, and whether discrimination is occurring in the workplace. According to the EEOC, the proposed regulations take a significant step toward returning the ADA to the broad and strong civil rights statute that Congress originally intended it to be.

Family Leave Insurance Act

Proposes to amend the Family and Medical Leave Act to provide workers with PAID family leave through an insurance program paid for from employee deductions and employer contributions.  Participation would be mandatory for companies with 20 or more employees.

The Healthy Family Act

Proposes to require employers with 15 or more employees to provide 7 paid sick leave days to full time employees working at least 30 hours per week.  Part-time employees would be provided pro rated paid sick leave.  The paid leave could be used to care for employee or family medical needs.

Family Friendly Workplace Act

Proposes the use of compensatory time for private sector employers.  Employees would be given the option to take paid time off 1 1/2 hours for each hour over 40 in lieu of cash wages for overtime hours.

Employee Free Choice Act

The proposed EFCA would amend the National Labor Relations Act and make it significantly easier for unions to organize employees and force an employer into a contract. 

Working Families Flexibility Act

Employers with 15 or more employees would be obligated, at the request of the employee, to negotiate the number of hours, the times and the work location, and would give the employee the right to include a representative of his/her choice when meeting with the employer.