Inexplicably, Republican Senator Jim Bunning has held up a much-needed extension of unemployment and COBRA benefits.  Bunning has single-handily blocked a vote on a 30-day extension by being the only senator to oppose a unanimous consent motion to vote on the bill, which was passed earlier by the House. The extended benefits are scheduled to expire today.  Thousands may lose benefits because of Bunning — how many depending on how quickly Democrats can force a vote on the bill.  This callous disregard of the needs of working class Americans is outrageous, as are Senate rules which allow a single Senator to hold up such essential legislation.

The stress of losing a job is hard enough, and has been shown to create adverse health effects, but the least the government can do is provide unemployment benefits in a timely manner.  More coverage here and here.

Categories: Legislative Action Tags: COBRA, Congress, Labor and Employment, Unemployment Benefits

The Obama administration proposed new rules recently that should improve insurance coverage of mental health care for more those fortunate to have medical insurance through their jobs.  The rules implement the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). Under the rules, employers and group health plans generally cannot provide less coverage for mental health care than for the treatment of physical conditions.  More information is available from the Department of Health and Human Services.

Of course, what millions of uninsured workers need right now is the healthcare reform bill that is stalled in Congress, so that everyone can get health insurance.  Even the bill the Senate passed would be a big step in the right direction, if only the House would just pass it.

Categories: Legislative Action Tags: Administrative Rulemaking, Congress, Health Care, Labor and Employment, Medical Insurance, MHPAEA

Yesterday, Michael Okun spoke in front of the North Carolina Legislature’s Joint Study Committee on Work and Family Balance.  Mike presented an overview of employment law, the specific laws that assist employees in caring for family members and themselves, and possible improvements that could be made to further assist employees as they balance the demands of work and family.

An excellent paper on the topic is “Free Riding on Families: Why the American Workplace Needs to Change and How to Do It,” an Issue Brief by Phoebe Taubman, an Equal Justice Works Fellow with A Better Balance: The Work and Family Legal Center, based in New York City.  The paper discusses the need for reform, compares our laws to the more robust protections available in most other countries, and proposes reforms in the areas of: an improved Family and Medical Leave Act, paid sick days, workplace flexibility, employment discrimination against caregivers, and workplace equity.

Categories: Legislative Action Tags: Discrimination, FMLA, Labor and Employment, Michael Okun, NC Legislature, Paid Leave, Work and Family Balance

On December 21, 2009, President Obama signed a Defense Appropriations Bill, which also included two-month extensions for unemployment benefits and the 65% COBRA subsidy that was in the stimulus package.   Specifically, the act extended the COBRA premium reduction eligibility period for two months until February 28, 2010, and increased the maximum period for receiving the subsidy for an additional six months (from nine to 15 months). The Department of Labor has this useful fact sheet regarding the COBRA subsidy and its extension.

Categories: Legislative Action Tags: COBRA, Labor and Employment, President Obama, Unemployment Benefits

The Genetic Information Nondiscrimination Act (GINA), which was passed last year, goes into effect this weekend with regard to its ban on employment discrimination.  GINA prohibits employers from requesting genetic testing or considering someone’s genetic background in hiring, firing or promotions.  The EEOC’s new website is a good source of information on the Act.

While Congress did well in enacting GINA, its effort to extend unemployment benefits was apparently poorly executed.  Although Congress lengthened the period for extended benefits, it failed to renew the extended benefit program beyond the end of the year.  Hopefully Congress will act quickly, because North Carolina’s unemployment rate is now 11%, but the Senate has been anything but speedy as of late.

Categories: Legislative Action Tags: Congress, EEOC, Genetic Information Nondiscrimination Act, Labor and Employment, Unemployment Benefits

The Senate finally passed the extension for unemployment insurance last week, and it was promptly signed by President Obama on Friday.  The extension was originally passed by the House in September, but it had been held up in the Senate by Republicans.  The extension will provide 20 additional weeks of benefits for unemployed workers in North Carolina.  Some basic details are here, but more concrete information should posted on the ESC’s site shortly.

Categories: Legislative Action Tags: Congress, Employment Security Commission, Labor and Employment, North Carolina, President, Unemployment Benefits

Last week, President Obama signed the Fiscal Year 2010 National Defense Authorization Act (NDAA), an appropriations bill that includes an expansion of the Family and Medical Leave Act (FMLA) for military families.  Specifically, it broadens the scope of caregiver and exigency leave for military families.  Details should be available from the Department of Labor in short order.

Categories: Legislative Action Tags: Congress, Family and Medical Leave Act, FMLA, Labor and Employment, Medical Leave, President

The Americans with Disabilities Act (ADA) Amendments Act of 2008 (ADAAA) was passed last year and went into effect on January 1, 2009.  The Act makes important changes to the definition of the term “disability” by rejecting the holdings in several Supreme Court decisions and portions of existing regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

The Equal Employment Opportunity Commission (EEOC) is the federal agency tasked with issuing regulations that provide more specific rules concering the act.  According to a Notice by the EEOC about the ADAAA, the Act retains the ADA’s basic definition of “disability” as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act: Read more…

Categories: Legislative Action Tags: ADA, ADAAA, Disability, Discrimination, EEOC, Labor and Employment, Regulations

Senator Arlen Specter has released more details on the EFCA compromise he has been working on, and also declared his confidence that he had 60 votes for the bill.  Instead of the majority sign-up provision, the bill would provide for quicker union elections with some sort of equal-time requirements.  And, the binding arbitration would be adjusted to use baseball-style arbitration, i.e. the arbitrator has to pick one of the final offers of the parties.

Categories: Legislative Action Tags: Congress, EFCA, Labor, Labor and Employment, Union

The Statute of Repose Bill was signed by Governor Perdue on August 5, and becomes effective on October 1, 2009.  The text of the bill can be found here.

The Guaranty Fund Bill was signed by Governor Perdue on August 7, and becomes effective immediately.  The text of the bill can be found here.

Categories: Legislative Action Tags: Legislation, North Carolina, Personal Injuries, Products Liability, Structured Settlements, Workers' Compensation