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Paid Sick Leave Bills Pending in Congress

There are companion bills pending before both the House and the Senate requiring paid sick leave. On November 10, the Senate Health, Education, Labor and Pensions Committee's Children and Families Subcommittee held a hearing on paid sick leave legislation. The Healthy Families Act (H.R. 2460, S. 1152),would require employers to provide workers with up to seven days of paid sick leave which could be earned over a period of time and would be carried over from one year to the next. It would cover the sickness of the employee or to care for sick parents or children, and visits to a health care provider for a specific issue or preventative care as well as “an absence resulting from domestic violence, sexual assault, or stalking”. Employees would be allowed absences up to three days without a medical certification. Representative George Miller, chairman of the House Education and Labor Committee, introduced H.R. 3991, a bill which would mandate emergency sick leave, providing for five days paid leave for employees with flu-like symptoms in instances where employers tell employees to go home. He advised that he expects to hold hearings and expects a vote soon thereafter regarding paid sick leave legislation. Senator Dodd introduced a companion bill to H.R. 3991, with his bill providing for seven paid sick days. The Obama administration voiced support for both bills, saying that the Family and Medical Leave Act does not cover situations such as the expected 2009 flu epidemic. Opponents argued that supporters underestimate the cost to the recovering economy and the legislation would potentially cost jobs. A representative for The Society for Human Resource Management (SHRM) disputed the need for this legislation, saying that many employers already offer sufficient paid leave, and cautioned against “rushing to impose new mandates that will do more harm than good.”
 

Obama Announces Nominations to the EEOC and OSHRC

On November 3, 2009, President Obama nominated Victoria A. Lipnic to serve on the U.S. Equal Employment Opportunity Commission (EEOC). Lipnic is currently Of Counsel in the Washington, D.C. office, Seyfarth Shaw, LLP. If Lipnic’s nomination is approved, she will be one of two Republican members serving on the EEOC. Lipnic formerly served, for seven years, at the U.S. Department of Labor as the U.S. Assistant Secretary of Labor for Employment Standards. Shortly after, on November 10, President Obama nominated Cynthia Attwood to serve on the Occupational Safety and Health Review Commission (OSHRC). Attwood has an extensive Department of Labor experience, including her tenure as Associate Solicitor for Occupational Safety and Health. If her nomination is approved, the commission will have three members for the first time in three years. Attwood’s term would continue through 2013.
 

EEOC Issues Revised EEO Poster

The law requires covered employers to post notices describing the Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability and genetic information.

 EEOC has revised its “Equal Employment Opportunity is the Law” poster. This new version reflects current federal employment discrimination law (including the Americans with Disabilities Act Amendments Act of 2008). The poster was revised to add information about the Genetic Information Nondiscrimination Act of 2008 (GINA), which is effective November 21, 2009.

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OFCCP Leadership Changes

We have been informed of the following changes to the OFCCP’s Leadership team:

  • Patsy Blackshear, Ph.D, has returned to the OFCCP as the Director of Program Operations;
  • Lorenzo Harrison has been selected as the OFCCP’s Deputy Director;
  • Bruce Bohanon has been selected as the Director of the Division of Policy, Planning and Program Development. 
     
  • This information is just unfolding and we will keep you advised as the details become known.
 

E-Verify Extension Approved by House

On September 25th, the House, in a 217-190 vote, approved a continuing resolution that contains a one-month extension for four immigration-related programs, including E-Verify, and one veterans' job program. The resolution, which accompanies the fiscal year 2010 legislative branch appropriations bill (H.R. 2918), would extend the programs' current expiration date from Sept. 30 to Oct. 31. The Senate is expected to take up the resolution during the week of Sept. 28.
 

 
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