The following is a summary of the legislative and regulatory news for the week of March 22, 2009:

Agency Changes

President Obama made the following nominations this week:

• Phyllis C. Borzi to serve as the Assistant Secretary of Labor for the Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA).
• Kathleen Martinez as Assistant Secretary for the Office of Disability Employment Policy (ODEP).
• Joseph Szabo to head the Federal Railroad Administration (FRA).

EFCA

Sen. Arlen Specter (R-Pa.) announced that he will vote against cloture on the Employee Free Choice Act (EFCA).

Employee Benefits

The Internal Revenue Service (IRS) said during a webcast sponsored by the DOL that individuals who accept an employer’s offer to retire or resign to avoid a layoff would be eligible to take advantage of the new COBRA subsidy.

The Incentive to Serve Tax Act (H.R. 1644) was introduced. This bill would amend the Internal Revenue Code (IRC) to provide a tax credit for qualified donations of employee services.

Additionally, the Veterans’ Employment Transition Support Act of 2009 (VETS Act of 2009) (H.R. 1647) was introduced. This legislation would amend the IRC to provide employers with a tax credit for hiring veterans.

Employee Wage and Hour Law

The Federal Aviation Administration (FAA) has decided to withdraw its revised pilot and flight attendant rest rules for long-range flights.

Labor Secretary Hilda Solis has vowed to hire 250 wage and hour investigators in the wake of a damning GAO report on faulty and/or inadequate wage and hour complaint investigations.

Immigration

The DOL proposes to suspend for nine months the H-2A regulations published on December 18, 2008, which became effective on January 17, 2009.  Meanwhile, the DOL has withdrawn its interpretation of the Fair Labor Standards Act (FLSA) concerning relocation expenses incurred by H-2A and H-2B workers.  Also this week, the USCIS announced that employers receiving funds through the Troubled Asset Relief Program (TARP) and other federal funding must meet additional requirements before hiring foreign nationals to work in the H-1B specialty occupation category.

Labor/Management Relations

The National Labor Relations Board (NLRB) has made its pilot ADR program permanent.

Work/Family Balance

The Family Leave Insurance Act of 2009 (H.R. 1723) was introduced. This bill would create an employee- and employer-funded insurance program allowing employees to take up to 12 weeks of paid family and medical leave.