New FMLA Regulations Released by U.S. Department of Labor

On November 17, 2008, the Department of Labor (DOL) published its final rule to implement the first-ever amendments to the Family and Medical Leave Act (FMLA), signed into law by President Bush in January 2008, which provide new military family leave entitlements and to update the regulations under the 15 year-old FMLA. The final rule will improve communication between employees, employers, and health care providers to make the law operate more smoothly, and provide needed clarity for both workers and employers about their responsibilities and rights under the FMLA leave. The Final Rule does not reduce the law’s coverage for workers who need FMLA leave. Updating and clarifying the regulations will reduce uncertainty and provide greater predictability in the workplace for everyone.

If the new Administration does not alter the revised FMLA regulations, IWD will make revisions to the 7-1 poster likely later in the year.  We will send notification to you when the revised poster is available via the Workforce Tip of the Month.

Changes to the Americans with Disabilities Act and How It Effects Employers

“Despite some significant changes, it's likely that most businesses won't feel much of an impact - financial or otherwise”, says Michael Eastman, Executive Director of Labor Policy for the U. S. Chamber of Commerce. “It still allows employers to define the essential functions of a position, and it doesn't change the fact that an individual still needs to be qualified to do a job. It also doesn't change any requirements involving what employers have to do to provide reasonable accommodations to a disabled employee”. “The amendment is a win-win for businesses and those with disabilities”, said Michael Layman, manager of labor and employment for the Society for Human Resource Management. “Passage of the legislation also is "a big moment" in employment law, marking the first landmark change since the ADA was passed in 1990”. The ADA Amendments Act has been signed into law and becomes effective January 1, 2009.

Title I of the Americans with Disabilities Act (ADA) prohibits private sector employers, state and local governments, employment agencies, and labor organizations that employ 15 or more individuals from discriminating against qualified individuals with disabilities in all aspects of employment.

In general, the employment provisions of the ADA require:

• equal opportunity in job application procedures, testing, hiring, firing, and job training of qualified applicants with disabilities;
• job accommodation for applicants and workers with disabilities when such accommodations would not impose "undue hardship;" and
• equal opportunity in promotion and benefits.

The ADA Amendments Act has several significant changes, including changes to the definition of the term "disability," a more extensive list of the tasks that constitute “major life activities, and defines the requirements of “regarded as having an impairment.”  The EEOC will be evaluating the impact of these changes on its enforcement guidance’s and other publications addressing the ADA.

To start preparing for the changes HR professionals and employers should consider the following:

• Read up on the changes
• Scrutinize existing policies and procedures
• Review and update employee handbooks and policies
• Provide training to employees and supervisors

For additional information on the ADA Amendment Act of 2008 please go to the EEOC’s website: http://www.eeoc.gov/ada/amendments_notice.html or www.ada.gov

New Iowa Identify Theft Law Requires Notification for Lost Information

A new Iowa law requires businesses to provide notice to employees and/or consumers whose personal information, such as name, address and social security number, was lost via a security breach.  The new law went into effect July 1, 2008.

The law requires that “any person who owns or licenses computerized data that includes a consumer’s personal information,” or “any person who maintains or otherwise possesses personal information that includes a consumer’s personal information,” shall notify the consumer or “owner” of that information following discovery of a breach of security. “Personal information” is defined to include an individual’s first name or first initial and last name in combination with any one or more of the following: social security number, driver’s license number, financial account number, or other identifying information.

The new law requires such notification be made in the “most expeditious manner possible and without reasonable delay.” There may be exceptions to the notification requirements depending on input from law enforcement agencies. Iowa joins purportedly 40 other states with such notification laws.

A copy of the new law, contained in Senate File 2308 can be found at:
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=BillInfo&service=Billbook&ga=82&hbill=SF2308&menu=text.

Required Workplace Posters, Iowa’s Smokefree Air Act Updates and Iowa Wage Law Change: Mailing Paychecks

IWD 7-in-1 Workplace Law Posters
The Iowa Civil Rights Act was amended this legislative session to give individuals 300 days from the alleged discriminatory act to file a claim with the Iowa Civil Rights Commission. The change takes effect July 1, 2008. Under the old law, a complaint must be filed within 180 days of the alleged discriminatory act. If you go to the IWD large, free 7-in-1 poster, you will see on the left side a “small poster” called “Equal Employment Opportunity is the law.” Right below it is a sub-heading called “Iowa Civil Rights Act.” The last sentence of that mini-poster states, “Your complaint must be filed within 180 days of the discriminatory act.” The sentence is in bold type. The Iowa Civil Rights Commission has informed IWD that it is okay for employers to cross out “180” and replace it with “300,” so workers are aware of the change in the Iowa law. The Iowa Civil Rights Commission and IWD will change all electronic versions of the smaller poster on the respective web sites. IWD will make the change on all 7-in-1 posters that remain in its offices and inventory for distribution. 

Because federal labor officials have indicated that it is likely there will be changes to the federal Family Medical Leave Act (FMLA) in the fall, IWD has decided to wait to make new posters reflecting all these changes to the 7-in-1 poster later in the year. Federal labor officials indicate that their new FMLA poster will include the new extended FMLA leave related to military personnel.

Iowa Smokefree Air Act Signs
The Iowa Smokefree Air Act goes into effect July 1, 2008. Attached here is a link to the Department of Public Health’s website, http://www.iowasmokefreeair.gov/ that provides a free mandatory “no smoking” sign. Public Health officials state that the “no smoking” signs must be posted at every entrance to a public place and place of employment where smoking is not allowed. The website also contains helpful “Frequently Asked Questions and Answers” and other information.

Iowa Wage Law Change: Mailing Paychecks
There will be a change in Iowa’s Wage Payment Collection Law effective July 1, 2008, related to the mailing of paychecks. The amended law requires that an employer have a written request from an employee before wages can be sent to an employee by mail. The amended law only applies to the mailing of actual paychecks. It does not apply to the mailing of pay stub information. It does not affect the previously passed direct deposit law.

The purpose of the revised law, passed by the Iowa Legislature this spring and signed by Governor Culver, is to ensure that employees receive wages in a timely fashion. The law also makes an employer liable for any bank overdraft charges assessed an employee if the employer fails to pay an employee’s wages on or by a regularly scheduled payday. Go to Iowa Workforce Development’s Division of Labor Wage web page (http://www.iowaworkforce.org/labor/wage.htm) for more information on the paycheck mailing law.

Guidelines For Successful Interviewing 

Employers want to treat job applicants fairly and without prejudice. All employers want to hire the most qualified person for the job.  Both goals can be met when the employer is versed in effective techniques for interviewing job applicants.  In regard to fairness, it’s easy to recite the reasons why fair and effective interviewing can sometimes seem elusive. Laws and regulations, and their interpretation by courts and regulators, are constantly changing.

The revised Successful Interviewing Guide provides valuable information to employers and workers on the application and interviewing process.

The Guide provides information on:

• Writing a Job Description

• Advertising the Job

• Discovering an Applicant's Qualifications

• Avoiding Discrimination During the Hiring Process

• Summary Guide to Application and Pre-Employment Questions

• Sample Employment Application

• Workforce Resources for Employers

The Successful Interviewing Guide was developed by Iowa Workforce Development based on information provided by the Iowa Civil Rights Commission, and the U. S. Equal Employment Opportunity Commission.

Go to http://www.iowaworkforce.org/sig.htm to print a copy of this valuable human resource tool.

FMLA Federal Employment Law Update

On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA). Among other things, section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (FMLA) to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 work weeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.”

The Department of Labor is working quickly to prepare more comprehensive guidance regarding rights and responsibilities under this new legislation. In the interim, DOL will require employers to act in good faith in providing leave under the new legislation. 

The NDAA also permits an employee to take FMLA leave for “any qualifying exigency (as the Secretary of Labor shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.” By its express terms, this provision of the NDAA is not effective until the Secretary of Labor issues final regulations defining “any qualifying exigency.” DOL is expeditiously preparing such regulations. In the interim, DOL encourages employers to provide this type of leave to qualifying employees.

Source of information for this article: U. S. Dept. of Labor/Employment Standards Administration/Wage and Hour Division

For optional use, an FMLA Poster Insert for Military Family Leave Amendments can be found at:  http://www.dol.gov/esa/whd/fmla/NDAAAmndmnts.pdf

Flex Options in the Workplace

Flex-Options is a national workplace flexibility project developed by the U.S.

Department of Labor, Women’s Bureau. Business owners and managers realize that sustaining a flexible workplace is critical to business success. Business leaders in these companies have learned to position flexibility as a powerful management tool used to accomplish work more efficiently, while caring about the needs of employees and bringing strategic value to the organization.

Flexibility helps employees manage a wide range of personal responsibilities throughout their life. As employees everywhere strive to juggle all of their commitments, requesting flexible work arrangements (e.g., flextime, compressed workweek, part-time, job sharing, and telecommuting, etc.), informal ad hoc flexible options, and flexibility have hit prime time.

Flexible work arrangements have been directly related to:

• Enhanced ability to attract and retain talented people.

• Greater employee satisfaction, morale, and engagement.

• Increased effectiveness and productivity.

• Better coverage of the operation and availability to customers.

Studies show that employees who have access to flexible work arrangements are more:

• Satisfied with their jobs.

• Committed and loyal to their employers.

• Willing to work hard to help their employers succeed.

• Likely to stay with their employers.

Getting Started

But, how do you go about implementing workplace flexibility? Where do you go to learn about creating a flexible workplace culture, or developing policies and procedures?

The Department of Labor, Women's Bureau, through the Flex-Options project has contracted with providers in six regions of the U.S. In Iowa there is no cost to employers to participate in the Flex-Option Program. For more information contact Craig Immerfall at (515) 242-5985.

Verifying the Legal Status of Your Employees and Avoiding Discrimination in the Hiring Process

Revised I-9 Form

Did you know that your business must review documentation from each new hire to verify that he or she is eligible to work in the United States? This obligation applies even to small businesses that employ one employee!

Did you also know that employers that verify the employment eligibility of employees in a discriminatory manner are subject to discrimination complaints, civil penalties, back pay awards, and attorney's fees?

Since 1986, all businesses must verify the employment eligibility of new employees. Employers who hire or continue to employ individuals knowing that they are not authorized to be employed in the U.S. may face civil and criminal penalties. Form I-9, Employment Eligibility Verification, must be completed on behalf of every employee, including U.S. citizens, permanent residents, and temporary foreign workers, to give evidence of the employer’s compliance with the law and the employee’s work authorization. The I-9 Form must be retained by the employer for three years after the date of hire, or one year after the date employment ends, whichever is later.   Through the Form I-9 verification process, employers ensure that employees possess proper authorization to work in the U.S. and that hiring practices do not unlawfully discriminate based on immigration status.

The U.S. Citizenship and Immigration Services (USCIS) announced that a revised Employment Eligibility Verification Form (I-9) is now available for use. To obtain an Employer Handbook, Fact Sheet, and to download a copy of the revised I-9 Form go to www.uscis.gov

*This information is provided by the Office of Special Counsel for Immigration-Related Unfair Employment Practices; U.S. Dept. of Justice-Civil Rights Division.

Iowa Law Update

Effective July 1, 2007, the Iowa Civil Rights Act (Iowa Code Chapter 216) was expanded to add sexual orientation and gender identity to the list of protected characteristics.  It is now illegal in Iowa to discriminate against a person because of his/her actual or perceived sexual orientation or gender identity.  The law applies to employers, Labor Organizations and Employment Agencies. Employers may not retaliate against employees for making a discrimination complaint or taking any other action to oppose discriminatory conduct.

The law prohibits discrimination in:

Recruitment and hiring; job assignments; pay; leave or benefits; promotion; discipline; referrals; training; lay-off and firing; retaliation for a civil rights claim; and harassment.

The Iowa Civil Rights Commission has published a printable brochure titled “An Employer’s Guide to Iowa Law Compliance – Sexual Orientation & Gender Identity.”  This publication will answer questions such as:

• Are any employers excluded from the law?
• May an employer enforce dress and grooming standards?
• What is meant by harassment and hostile work environment?
• Must an employer provide benefits?
• And more.

In addition to the employer publication, other brochures including “An Education Provider’s Guide to Compliance; A Housing Provider’s Guide; and a Public Accommodations Provider’s Guide to the Law can be found at:
http://www.state.ia.us/government/crc/publications/brochures.html