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 New York Times has a very useful article on COBRA, and how it is affected by the recently-enacted health care reform act.  It starts:

“If you’ve recently joined the ranks of the unemployed or are worried that you soon will, you may be wondering if the sweeping new health law will help you. Will you, for instance, still be able to get health insurance under the government-mandated Cobra program? If so, for how long? And at what price?”

Categories: General News Tags: COBRA, Health Care, Labor and Employment, Unemployment Benefits

Senate Republicans have once again blocked a much-needed extension of unemployment benefits, ignoring the needs of millions of workers that rely on those benefits.  This time, it is Oklahoma Republican Tom Coburn who has single-handedly denied workers benefits.  From the New York Times: “As a result, some people who have been out of work for more than six months will at least temporarily lose benefits. Health insurance subsidies for the jobless will also expire.”

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

On March 2, President Obama signed the Temporary Extension Act of 2010 (summary here), a bill that will extend the 65 percent premium COBRA subsidy through March 31, 2010, and unemployment assistance benefits through April 5, 2010.  The Senate passed this bill after Republican Senator Jim Bunning finally abandoned his misguided efforts to block it.

On March 10, the Senate passed the Tax Extender Act of 2009, legislation that would extend until December 31, 2010 the 65% premium COBRA subsidies and emergency unemployment insurance benefits.  The bill now has to be reconciled with the version the House passed late last year.

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

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

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

As our clients continue to tell us, the current labor market is an incredibly brutal environment for workers seeking work.  Nationally, the number of job openings per person looking for a job is at a record low.  Hopefully, the Senate will soon pass the 13-weeek unemployment extension that recently passed in the House.

Categories: General News Tags: Congress, Job Market, Labor and Employment, Unemployment Benefits

Carolina Power & Light Company v. Employment Security Commission: At issue was whether an employee who accepts a voluntary early retirement package, offered by the employer as part of a company-wide downsizing, is eligible for unemployment insurance benefits.  In a unanimous opinion, the Court held that the employee was not entitled to benefits because he still had a position, and thus had left his employment “without good cause attributable to the employer.”  The opinion summarizes the existing case law on “good cause” in the unemployment context.

Categories: Judicial Decisions Tags: Case Commentary, Labor and Employment, NC Supreme Court, Unemployment Benefits