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New Laws Impacting The Workplace

Employment law is an evolving area of state and federal law. At Mowery Youell & Galeano, our attorneys are committed to helping clients navigate what can be confusing changes in existing law. Failure to comply with new labor law can create legal liability and the potential for litigation. At Mowery Youell & Galeano, we counsel and advise clients in regard to new and emerging legislation that impacts the workplace.

For more information regarding how we can help you, email employment law attorneys at Mowery Youell & Galeano today.

Employee Free Choice Act

The Obama administration has already indicated its commitment to legislation that will impact the workplace. In March of 2009, the Employee Free Choice Act (EFCA) (H.R. 1409, S. 560) was introduced in Congress. In general, the EFCA would impact how workers are able to unionize. Specifically, the EFCA changes how the National Labor Relations Board (NLRB) certifies a union as the bargaining representative of a group of employees that have decided to unionize. Currently, if a workplace decides to unionize, an employee approaches a union and asks for union cards. These cards are then given to co-workers who are asked to sign the card if they are in favor of unionizing.

Dublin, Ohio, Employment Law Attorneys

When 30 percent favor unionizing, an employer can ask the NLRB to hold a secret ballot to determine if employees want to be in a union. The EFCA would take away the ability of the employer to use a card check or secret ballot election. Instead, the employees themselves can elect to have a secret ballot where less than a majority has decided to unionize. The EFCA also imposes stricter penalties on employers who interfere with the rights employees to form unions under the NLRA and requires binding arbitration in cases where an impasse has been reached.

Lilly Ledbetter Fair Pay Act

President Obama signed the Lilly Ledbetter Fair Pay Act into law on in January of 2009. This law extends the statute of limitations in cases involving allegations of discrimination related to the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Rehabilitation Act, and Title VII of the 1964 Civil Rights Act. This new law provides more time for employees to file discrimination lawsuits. This law is also retroactive and applies to cases going back to May 28th of 2007.

Changes To COBRA

In February of 2009, President Obama signed into law the American Recovery and Reinvestment Act (ARRA). Under the ARRA, employers are now required to pay 65 percent of COBRA premiums for employees who have been terminated. The law does provide for government reimbursement of employers through a credit against withholding and FICA taxes.

Contact Employment Law Attorneys At Mowery Youell & Galeano Today

There are a number of other legislative initiatives that will impact employers and employees. To learn how we can help you acclimate to new laws and the changing work environment, contact employment law attorneys at Mowery Youell & Galeano today.