Resources for Performance can help you interpret and implement policies and procedures to help you address the significant legislative requirements for your business. Please remember to contact us for more information.
The ADA (Americans with Disabilities Act), as recently amended (as the "ADA Amendments Act of 2008"), effective January 1, 2009, to expand the term "disability" and significantly increase the number of persons protected by the ADAAA.
The new COBRA (Consolidated Omnibus Budget Reconciliation Act) subsidy rules, which were introduced by the American Recovery and Reinvestment Act of 2009 (ARRA - the new stimulus package) provides that certain individuals who have the right to continue group health coverage because of an involuntary termination that occurred (or occurs) between Sept. 1, 2008, and Dec. 31, 2009, may qualify for up to nine months of assistance in paying for that coverage.
EFCA (Employee's Free Choice Act) is also known as the "card
check" bill, is a top legislative priority for labor unions. It would
amend the National Labor Relations Act and eliminate secret-ballot workplace
elections. Union representation would instead be decided through a card check
process; unions would be certified automatically if a majority of an employer's
workers sign union cards. Legislation would also mandate that, once a union is certified, the law would require arbitration between the union and the employer f a voluntary agreement for a union contract cannot be reached within 120 days.
There are several new provisions to the Family Medical Leave Act (FMLA) which could result in additional administrative burden to employers First, is the ability for an employee to support a request for leave to care for a covered service member with a serious injury or illness. Since there is a "single 12-month period" for military caregiver leave to begin, the employee could have two leave years running under this new rule.
HIPPA imposes significant new Health Insurance Portability and Accountability Act (HIPAA) privacy and security requirements on health plans, business associates and other vendors of personal health records.
Employers are no longer allowed to accept outdated forms of identification from employees. The U.S. Citizenship and Immigration Services (USCIS) wants to "ensure that documents presented for use in the Form I-9 process must be valid and reliably establish both identity and employment authorization," This change takes into account the limits placed by their issuing authorities. If a document does not contain an expiration date, such as a Social Security card, it is considered unexpired.