Last week, the Senate finally passed the $26 billion package to aid states that are still reeling from the effects of the recession.  The legislation provides $10 billion to retain teachers who might otherwise lose jobs to cutbacks, and an additional $16 billion to help states with rising health care costs.  The bill was quickly passed by the House and signed by President Obama.

Of that amount, North Carolina received about $300 million to save teachers’ jobs.  North Carolina leaders are now figuring out when and how to use the money.  Obviously, one possibility would be to use some of the funds to re-hire teachers and teaching assistants who were recently laid off due to budget cuts.  Also, some amount may be saved till next year, when the state’s deficit will reach its highest level.

Categories: Legislative Action Tags: Budget, Congress, Jobs, Labor and Employment, North Carolina, President Obama, Teacher Assistants, Teachers

Senate Democrats, with the help of only two Republicans, were finally available to break the deadlock over the extension of unemployment benefits.  President Obama signed the bill this past Thursday.  This bill provides a continuation of the program of extended benefits for those who exhaust the standard 26 weeks of unemployment benefits.  Coverage is here, here.  Although this bill is only a small part of the jobs-boosting agenda Congress needs to have, it was still vital for millions of unemployed having great difficulty finding a job in this broken economy.  For an example, see here.  Although there appears to be too much opposition for additional action on jobs right now, one hopes both parties will come to their senses and realize that the federal government can and must do much more to create sustainable employment growth.

For those seeking benefits, see this note from the North Carolina Employment Security Commission: “On July 22, 2010, the extension of the Federal Emergency Unemployment Compensation (EUC08) program was signed into law. The new law extends the filing deadline, but it does not provide for additional EUC08 tiers. The ESC is working with the Department of Labor to implement this change as quickly as possible. If you are currently filing for benefits please continue to do so. If you are not currently filing for benefits our agency will notify you on how to reinstate your claim.”

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

Last year, the State expanded the coverage of the North Carolina Guaranty Association to include structured settlement annuitities for North Carolina residents.   This is especially important for people who receive annuities as part of a workers’ compensation or personal injury settlement.  Coverage here.  One part of the new law’s language was less than clear, which required an amendment.  The amendment makes clear that annuity protection runs to the benefit of the actual beneficiary, the “payee” of the policy.  The text can be found here.  The amendment was enacted during the legislature’s short session this summer and signed by the governor.  Hank Patterson and Narendra Ghosh assisted with the legislative effort.

Categories: Legislative Action Tags: Hank Patterson, Legislation, Narendra Ghosh, NC Legislature, North Carolina, Personal Injuries, Structured Settlements, Workers' Compensation

The federal Department of Labor issued some important guidance regarding the coverage of the Family and Medical Leave Act (FMLA) as it applies to all sorts of unconventional families. The DOL made clear that FMLA rights to get time off to care for children do not require a biological relationship with the child. Rather, anyone who has assumed the role of parent (for example a non-married step-parent, grandparent, or same-sex partner) is entitled to FMLA leave to care for the child.  Continue for highlights from the guidance: Read more…

Categories: Legislative Action Tags: DOL, Family and Medical Leave Act, FMLA, Labor and Employment, Parental Leave, Work and Family Balance

Senate Republicans (with the help of one Democrat, Ben Nelson) have continued their filibuster of the Democrats’ jobs bill, mustering the 41 votes needed on Thursday to prevent the bill from passage.  Republican obstructionism will ultimately spell the end of extended unemployment benefits for millions, even as the economy is nowhere near creating significant job growth.

On top of that, failure to pass the bills means states will not receive the much-needed $23 billion to pay for sharply rising Medicaid costs.  (The great recession has swelled the ranks of those eligible for health insurance through Medicaid.)  Without this money, states will be forced to impose even greater cut backs, which will mean lost jobs for teachers and other state employees.

Republicans say they oppose the bill on the grounds that it raises the deficit, but what they really oppose are the small tax increases (such as one on hedge fund managers) that would be used to pay for the bill.  Disappointingly, the NY Times notes that the “Obama administration has not fought aggressively for the legislation.”  It appears the President is not focusing on jobs, which should be his highest priority.

Categories: Legislative Action Tags: Congress, Health Insurance, Jobs, Labor and Employment, Medicaid, President Obama, State Employees, Teachers, Unemployment Benefits, Unemployment Extension

In a vote Thursday night, Senate Democrats were unable to overcome the Republic filibuster of the bill that contains the much-needed extension of unemployment benefits.  Even though the cost of the bill had been reduced to alleviate the (misguided) concerns of increasing the federal deficit, all Republicans and two Democrats maintained their opposition.  This bill would not only extend emergency unemployment benefits, but also provide aid to states for health care costs, and pay for that spending with increased taxes on oil companies and hedge fund managers.  Hard to argue with those ideas.  More coverage here.

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

An op-ed in the Washington Post calls for paid family and maternity leave because the 12 weeks of unpaid leave provided by the Family and Medical Leave Act (FMLA) is grossly inadequate.  Sharon Lerner traces the history of legislative efforts to provide paid leave to support workers’ families, the compromised law that is the FMLA, and the pernicious effects of inadequate paid leave.  The need for reform is stark:

When it comes to paid maternity leave, the United States is in the postpartum dark ages.  One hundred and seventy-seven nations — including Djibouti, Haiti and Afghanistan — have laws on the books requiring that all women, and in some cases men, receive both income and job-protected time off after the birth of a child. But here, the Family and Medical Leave Act of 1993 provides only unpaid leave, and most working mothers don’t get to stay home with their newborns for the 12 weeks allowed by the law. Many aren’t covered by the FMLA; others can’t afford to take unpaid time off. Some go back to work a few weeks after giving birth, and some go back after mere days.

Categories: Legislative Action Tags: Congress, Family and Medical Leave Act, FMLA, Labor and Employment, Maternity Leave, Unpaid Leave, Work and Family Balance

On May 28, 2010, the House passed a watered-down jobs bill. It extends the extra unemployment benefits program for another six months, though those benefits have now expired as of the end of May. Very significantly, the House bill did not include an extension of the expanded COBRA program for health insurance.

The Senate has yet to act.  Because the unemployment benefits have expired, unemployed workers are losing benefits right now, and will cotninue to until the Senate passes a matching bill.  The N&O has this article on effects to workers in North Carolina.  It is imperitive that the Senate quickly pass a bill to extend the unemployment benefits program, and include an extension of COBRA benefits.  With the unemployment rate still near 11% in North Carolina, unemployed and uninsured workers cannot afford more delay from Congress.

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

After Democrats were once again able to overcome Republican opposition that was holding up unemployment benefits for millions of workers in difficulty, Congress passed an extension of emergency unemployment benefits, and President Obama signed it into law on April 15.  From the New York Times: “The measure, which would continue added unemployment benefits and other expired federal programs [such as the COBRA subsidy program] through May, will restore aid to thousands of Americans who had exhausted their benefits or whose eligibility was expiring. The legislation means that those out of work can receive up to 99 weeks of unemployment pay in some states. It will restore benefits to anyone who may have lost pay during a two-week interruption in the program.”

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

The federal Department of Labor is stepping up enforcement of the Fair Labor Standards Act (FLSA) with regard to unpaid internships because such arrangements very well could be violating the FLSA’s minimum wage requirements.

In other FLSA news, the Health Care Reform legislation (technically the Patient Protection and Affordable Care Act) contained a little-noticed provision that requires employers to provide breaks for nursing mothers.  The amendment will require all employers subject to the FLSA to provide rest breaks to mothers who wish to express breast milk.  The new law states that employers with fewer than 50 employees are not required to provide the breaks “if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.”  DOL regulations explicating the provision are sure to follow.

Categories: Legislative Action Tags: FLSA, Interships, Labor and Employment, Minimum Wage, Nursing Breaks, Patient Protection and Affordable Care Act