Discrimination in the Workplace

The DOL issued guidance clarifying how faith-based organizations can avail themselves of the protections of the Religious Freedom Restoration Act to avoid religious discrimination hiring laws enforced by the DOL. Also in religious discrimination news, the Department of Health and Human Services issued a final rule that aims to protect health care workers from discrimination if they harbor religious or moral objections to participating in reproductive health care services such as abortion and the provision of birth control.

Employee Benefits

President Bush signed the Worker, Retiree and Employer Recovery Act of 2008 into law. In response, the Joint Committee on Taxation released the Technical Explanation of this pension relief law. President Bush also signed a bill that made technical corrections to the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act. Additionally, the DOL published a new regulation implementing civil penalties against pension plan administrators pursuant to the Pension Protection Act of 2006.

Labor-Management Relations

The DOL issued a new rule abolishing the requirement that federal construction contractors and subcontractors include workers’ home addresses and full social security numbers on weekly certified payroll statements. Meanwhile, in anticipation of the upcoming inauguration, organized labor is encouraging President-elect Obama to reverse a number of Bush-era executive orders that affect government contractors and federal employees.

Work-Family Balance

The DOL posted a revised FMLA compliance poster and related forms incorporating the recent military leave amendments and other changes to the FMLA, as reflected in the recently-published final rule.

Workplace Safety

The Mine Safety and Health Administration issued two final rules governing safety standards for underground coal mine operations.