AHI's We Couldn't Make This Up

Sleeping at work is no laughing matter, especially when you are a pilot! Two pilots for Hawaii's Go Airline were suspended and subsequently fired after falling asleep while in flight. Air traffic controllers were unable to establish radio contact until 44 minutes into the 45-minute flight. By that time, though, the plane had flown past the airport by 15 miles. Fortunately, the pilots reversed course and landed safely. No problems were found after examining the plane's pressurization system and carbon monoxide levels.

1. FEATURE STORY:
NEW PRESIDENT AND NEW CONGRESS MEAN NEW LABOR AND EMPLOYMENT LAWS ON TAP

President-elect Barack Obama and the Democrat-led Congress are sure to have a lot on their plates come January. And while measures to boost our economy will likely be the main entree, don't be surprised if new labor and employment laws are among the side dishes. Smart employers should start to prepare now by taking a look at which direction the winds of change will likely blow. Here are some pieces of workplace legislation that stalled under the old Senate, but that may very well get passed in the upcoming months. Of course, we all know that compromises must be made in order to get laws passed, so expect to see some changes to these bills.

Employee Free Choice Act (EFCA)

The anticipation of this particular bill passing has both employers and labor unions in a tizzy. Not surprising, since the EFCA could mark one of the most significant changes in federal labor law in over 70 years.

Obama co-sponsored the EFCA, which would change the union certification process by eliminating secret ballot elections, instead requiring only that a majority of workers sign authorization cards designating a union as their bargaining representative. Many employers are concerned that this would take away their chance to argue against unionization, which they currently have the right to do during the campaigning period leading up to the secret ballot election.

Tip: If the EFCA passes, you could be completely unaware that unionizing is going on in your workplace until after it's a done deal. So be pro-active in maintaining positive employee relations!

Re-Empowerment of Skilled and Professional Employees and Construction Tradeworkers (RESPECT) Act

Obama co-sponsored this legislation, which was designed to change the definition of "supervisor" under the National Labor Relations Act (NLRA). If passed, many front-line supervisors would become eligible to join the same unions as the employees they supervise.

Lily Ledbetter Fair Pay Act

Obama strongly supports this act, which would give workers more time to sue for pay discrimination by resetting the statute of limitations each time a worker receives a paycheck diminished by discrimination and would allow victims to sue for punitive and compensatory damages. Opponents of the bill are concerned that such legislation will place an unfair burden on employers and encourage frivolous lawsuits.

Healthy Families Act

Employers with 15 or more employees would be required to provide a minimum of seven days' paid sick leave annually for employees who work at least 30 hours per week. But it's unclear what the many employers who utilize a Paid Time Off (PTO) system would have to do to comply with such legislation. It's possible that employers with an existing PTO system would not be allowed to adjust the total number of PTO days to reflect the legal requirement for a stand-alone sick-time policy; they might have to add seven additional days to employees' PTO banks to be in compliance.

Employment Non-Discrimination Act

The House of Representatives passed a version of this act in November 2007 that would ban workplace discrimination based on sexual orientation. Note: Several states already have existing laws prohibiting sexual orientation discrimination.

A different version of the bill, banning workplace discrimination based on sexual discrimination and gender identity, did not have enough support in the House to pass.

However, the equal employment opportunity (EEO) policy on the official website of the Obama-Biden transition team (www.change.gov) specifically includes gender identity as a protected characteristic. This could indicate Obama's desire to issue an executive order changing the hiring policy of the federal workforce after he takes office.

To see where federal and state employment laws currently stand, check out AHI's Complete Compliance Guide To Federal & State Employment Law.

2. CATHIE'S CORNER:
OPEN ENROLLMENT: LET THE CONFUSION BEGIN

I wrote last month about getting ready for open enrollment. It started on November 10th, and some of my predictions have already come true....Continue the story.

3. FLSA RECORD-KEEPING BURDEN IS ON EMPLOYER

According to the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL), in fiscal year 2007, employers paid a total of $180.7 million in minimum wage and overtime back wages as a result of Fair Labor Standards Act (FLSA) violations. When employees are underpaid, it typically signals a problem with the employer's record-keeping practices....Continue the story.

4. FREE REPORTS: STATE LAW UPDATES

Check out AHI's recently updated state-by-state Free Reports. Find the latest workplace smoking regulations in "Clearing The Air On Workplace Smoking Laws." And get the full scoop on whether you need to pay departing employees for accrued but unused vacation pay upon termination in "State Laws On Final Pay: What And When To Pay Terminating Employees."

5. HR SOAPBOX: GIVE THANKS FOR WORKPLACE BLESSINGS, GREAT AND SMALL

It's Thanksgiving — a time to reflect on and appreciate all the good things we have in life. Family, friends, health, food, shelter, and yes, work....Continue the story.

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