Federal Legislation May Impact Small Business

There are a number of bills pending in Congress that have the potential to significantly impact employment practices and liability for small and large employers. The following is a summary of just some of the key pieces of pending legislation. 

SAFE or the Security and Financial Empowerment Act (H.R. 2395) proposes to require employers with 15 or more employees to provide up to 30 days of leave to an employee who needs to address issues relating to domestic violence.

ENDA or the Employment Non-Discrimination Act (H.R. 2015) would cover employers with 15 or more employees and would prohibit discrimination in employment based on sexual orientation or gender identity.  The latter is defined as "the gender related identity, appearance or mannerisms or other gender related characteristics of an individual with or without regard to the individual's designated sex at birth."

Healthy Families Act (S. 910) would require employers with 15 or more employees to provide an employee with at least seven days of paid sick leave for employees working 30 hours or more per week and a prorated amount for employees working fewer hours. 

Ledbetter Fair Pay Act (H.R. 2831) would amend a number of federal employment laws including Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act and more. If passed, the bill would redefine a discriminatory compensation decision as occurring each time the employee is paid rather than the time at which the decision was made.  The impact is that the employee would be able to file a lawsuit alleging age, gender, race, disability, religion, and/or national origin discrimination based on a wage decision you, the employer, made 10, 15 or even 20 years ago but that "continued" with each subsequent paycheck.

Equal Remedies Act of 2007 (S. 1928) proposes to amend the Civil Rights Act of 1991 by removing the current cap of $300,000 on damages that a plaintiff can receive on a claim of employment discrimination.

What's the point? Business owners, managers and HR professionals should monitor these bills. Contact your Senators and Representatives to express your opinion. Let your elected officials know how these bills will impact your business operations. Not sure how? Many professional and trade associations (like SHRM), as well as state and local chambers of commerce have lobbyists and staff who track the issues that will impact your business. Reach out to these organizations and get connected!

  Hot Hits!! Education Corner

Public Presentations

Monday, October 1st, "Employment Law & A Smattering of Everything Legal" plus "When Work-Life Balance Tips the Scales" apresented durin gthe Lehigh Valley SHRM Chapter's 2007 Legal Conference. Bethlehem, PA.

Friday, October 12th, "Employee Where Art Thou? The Latest in Managing Disability & Leave Issues" plus "Ask the Experts: Legal Panel Discussion" presented during the FC SHRM 2007 Fall Conference. Frederick, MD. 8:00 a.m.- 5:00 p.m.

Tuesday, October 16th, "Workplace Harassment Post 9/11" presented for the Bonds Meadow Rotary Club, 7:15 - 8:30 a.m. Westminster, MD.

Thursday, October 18th, "Did I Hear You Say What I Think You Meant?" presented during the SHRM Workplace Diversity Conference & Expo, Phila., PA.

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October's Client Training Programs

"Employment Law Update for HR Practitioners"

"Managing Disability & Leave Issues"

"HR and the Law for Managers" (2 sessions)

"Maintaining an Inclusive Workplace"

"Affirmative Action Plan Compliance & Monitoring"

New Webcast Series Launches 10/24!

FiveL Company will sponsor the first of its new monthly webcast series, "HR and the Law" on Wednesday, October 24th from 10:00 - 11:00 a.m. (EST) The monthly webcasts will "air" the 4th Wednesday of each month, except December. Each webcast is preapproved for 1.0 Strategic credit hour towards PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). Webcasts are interactive permitting participants to type in questions during the presentation, answer polling questions, and all from your computer -- without tying up your phone line!  "Live" webcasts are $35 per person.  Archived webcasts may be accessed for $25 or you can get 11 webcasts for the price of 10 in 2008 by subscribing for the year in advance!  For more information or register go to http://www.fivel.net/webcasts.php

  Spotlight!

Bonnie L. Treiber, SPHR, Vice President of Human Resources for W.C. Smith & Co., shared this feedback following a recent series of "HR and the Law for Managers" for her management team members, "Top notch training. Christine has a way of breaking down very complex information and 'translating' it so that anyone who is not versed in employment law can understand."  Thanks Bonnie!