Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The following is a summary of the legislative and regulatory news for the week of May 17, 2009:
Discrimination in the Workplace
The Volunteer Firefighter and EMS Personnel Job Protection Act (S. 1025) would prevent employers from firing, discriminating against, or otherwise disciplining volunteer firefighters and other emergency medical personnel for missing work while responding to emergencies or other major disasters.
In addition, the U.S. Supreme Court held in AT&T Corp. v. Hulteen that an employer does not necessarily violate the Pregnancy Discrimination Act (PDA) when it pays pension benefits calculated in part under an accrual rule – applied prior to the PDA’s enactment – that gave less retirement credit for pregnancy than for medical leave generally, and that the employer’s method of calculating benefits was permissible as it was part of a bona fide seniority system.
EFCA
Supporters of the Employee Free Choice Act (EFCA) are pushing forward with a “compromise” bill that may be introduced sometime next month.
Employee Benefits
Rep. Alan Grayson (D-Fla.) introduced the Paid Vacation Act (H.R. 2564), a bill that would mandate paid vacation time for most employees.
Healthcare/Workplace Safety
Two new bills would impact the health care industry. The Nurse and Health Care Worker Protection Act of 2009 (H.R. 2381) would mandate the creation of a safe patient handling and injury prevention standard for direct-care registered nurses and other health care workers. The Nurse Staffing Standards for Patient Safety and Quality Care Act (H.R. 2273) would require that all hospitals develop and implement staffing plans that meet newly established minimum direct care registered nurse-to-patient ratios, and adjust staffing numbers based on patient acuity levels and other considerations.
Meanwhile, the Small Business Health Options Program (SHOP Act) (H.R. 2360) would create nationwide health insurance pools for small businesses.
Work/Family Balance
The Healthy Families Act (H.R. 2460, S. 1152), a bill that would require employers to provide paid sick leave to employees, was reintroduced in the House and Senate.