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Workforce Tip Of The Month
| November 2008 |
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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.
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| October 2008 |
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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:
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equal
opportunity in job application procedures, testing,
hiring,
firing, and job training of qualified applicants with
disabilities;
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job accommodation
for applicants and workers with disabilities when such
accommodations would not impose "undue hardship;" and
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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
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| September 2008 |
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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.
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| June 2008 |
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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.
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| March 2008 |
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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:
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Writing a Job
Description
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Advertising the Job
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Discovering an Applicant's Qualifications
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Avoiding Discrimination During the Hiring
Process
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Summary Guide to Application and
Pre-Employment Questions
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Sample Employment Application
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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.
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| February 2008 |
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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
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| January 2008 |
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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:
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Enhanced ability
to attract and retain talented people.
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Greater employee
satisfaction, morale, and engagement.
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Increased
effectiveness and productivity.
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Better coverage of
the operation and availability to customers.
Studies show that
employees who have access to flexible work arrangements are more:
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Satisfied with
their jobs.
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Committed and
loyal to their employers.
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Willing to work
hard to help their employers succeed.
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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.
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| December 2007 |
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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.
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| November 2007 |
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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:
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Are any employers excluded from the
law?
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May an employer enforce dress and
grooming standards?
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What is meant by harassment and
hostile work environment?
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Must an employer provide benefits?
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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
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