Welcome to Legal Briefs for HR, the short and sometimes sassy update on issues that matter to employers. A special welcome to new subscribers who attended my recent speeches for the HR Energy group, two BNA webcasts, the North Texas SHRM annual conference, the Sage Software Insights conference in D.C. and the Self Opportunity Meeting of the Minds annual conference for hospitality industry professionals!

It's summertime and things are heating up:

1. Say Hello to GINA - As expected, Pres. Bush signed the Genetic Information Nondiscrimination Act (GINA) into law on May 21. A few of the key features are: (1) employment discrimination based on employee's or employee's family member's genetic info is prohibited; (2) procedure for and limits on workplace monitoring of employees for effects of exposure to toxic substances; (3) limits on employer access and use of genetic info; (4) genetic info cannot be used to deny health insurance coverage or modify premiums; and (5) damages available for violations, including individual liability for plan administrators. Unless you're already subject to a similar state law, you've got some time to get ready . . . the employment provisions take effect in Nov. 2009 and parts that relate to health plans take effect in May 2009. Also take note that GINA increased the penalties for employer violations the child labor laws under the FLSA. For the full story, you can pull up a copy of the statute at http://thomas.loc.gov by typing in the name of the statute. For the rest of the story, we'll have to wait until the regulations come out.

2. Private Sector Comp Time? - Yes, if Rep. McMorris Rodgers (R-Wash) has her way. The Family Friendly Workplace Act (H.R. 6025) would amend the FLSA by allowing employees to bank and use "family time" (aka comp time) in lieu of overtime pay. In order to get through Congress, it will need to be very employee-friendly, so this version [1] is 100% voluntary; [2] the ee can withdraw from the program and start receiving OT at any point in time; and [3] the ee can ask to be "cashed out" of their accrued family time at any time. Again, go to http://thomas.loc.gov to see full text of this bill and who's supporting it.

3. Heads' Up Federal Contractors - A new form is coming your way. One of the changes to the Vietnam Era Veterans Readjustment and Assistance Act (VEVRAA) via the JVA amendments was to increase the contract amount that would trigger affirmative action requirements and another change was to the protected categories (See LB4HR #8-2007). So, contracts for $25,000 or more that were entered into or modified before 12-1-03 will trigger reporting requirements using the Form VETS-100, while contracts for $100,000 or more entered into on or after 12-1-03 also trigger reporting requirements, using the new Form VETS-100A. Recognizing that this creates the duty to file dual forms for employers who have "old" and "new" contracts, the VETS-100A form won't be used until September 2009 (but you need to be collecting the data, using the new categories, for the entire year before the report is due). For a copy of the new final rule, go to www.gpoaccess.gov/fr/ and type "page 28710" in the Quick Search box for Volume 73 (2008).

4. New Jersey News - NJ joins CA and WA, as the third state to offer paid family leave to workers. The NJ version, which takes effect 7-1-09, offers up to six weeks off per year at 2/3 the ee's normal pay, up to a max of $524 per week. It will be funded through payroll deductions and administered via the NJ temporary disability program. Qualifying reasons for paid leave include the ee's newborn child, newly adopted child or to care for the ee's ill child, spouse, parent or domestic or civil union partner and the leave can run concurrently with FMLA or analogous state leave.

5. Feds Say "Me Too?" - The Family Leave Insurance Act (H.R. 5873), if passed, would provide ees with up to 12 weeks of paid time off in a 12-month period, to deal with situations currently covered by the FMLA, although the definitions for "family member" are stretched to include domestic partners, siblings, grandchildren and grandparents who have serious health conditions. Where does the money come from? Both employers and employees, and amounts paid are tied to earnings. Low wage earners get nearly full pay, those with annual wages between $30,000 and $60,000 get 55% of normal wages and those who earn more than $60,000 per year would be paid between 40 and 45% of normal pay. Go to http://thomas.loc.gov to see full text of the bill (and the companion bill, S. 1681).

6. And While You're at It - How about expanding FMLA to allow victims of crime and their immediate family to take job-protected leave to attend court proceedings? That has been proposed via The Crime Victims Employment Leave Act (H.R. 5845).

7. Contractor Conundrum - The latest salvo in the war on employers who misclassify employees as independent contractors is the Taxpayer Responsibility, Accountability and Consistency Act (H.R. 5804) which, if passed, will [1] scrap the current "safe harbor" that stops the IRS from collecting back taxes from employers where the misclassification was "reasonable"; [2] provide a clearer definition of who's a contractor; and [3] beef up the penalties for failing to file correct tax returns with the IRS. State governments are taking notice, too, after realizing they are losing millions of dollars in unpaid UI, income and (in some states) disability taxes. Check your classifications and clean them up, soon!

8. Right On - Colorado may become the 23^rd state to become "right to work" if voters say so this November. An amendment has been certified, to be placed on the ballot. Interested in learning more? Check out www.nrtw.org for a map of RTW states and an explanation of what it means (and it's not the same as employment at will).

9. Smoke Signals - Add IA to the list of states that prohibit smoking in most places of employment, including bars and restaurants, effective July 1, 2008. For a complete list of U.S. state and local smoking limitations, go to www.no-smoke.org/goingsmokefree.php?id=519. The list was last updated April 2008, so it does not include the change in IA law, yet.

10. Running Gun Battle - Effective July 1, FL has a new law that prevents employers from banning guns in the locked vehicles of employees (except company owned or leased vehicles) who are licensed to carry concealed weapons, while they are at work. Employers may not search the vehicles or even inquire about the presence of a firearm in an employee vehicle, and an employee who feels his or her rights were violated can sue the employer. A lawsuit designed to prevent enforcement of the law has been filed, similar to the one litigated (successfully) by a coalition of employers in OK. There, the judge said that OSHA preempts the state law and gives employers the right to ban guns on the entire premises, as part of their duty to provide a safe workplace. GA has a similar law that is to take effect on July 1, although it has an exception that allows an employer to search an employee's vehicle if it has determined that there is a serious threat to human life. No challenge to the GA law has been filed, yet.

11. What's On Your Mind? - Yours truly will be attending a Texas Association of Business board of directors meeting, which will be held in Washington D.C., to afford us the opportunity to visit with the Texas legislative delegation and tell them what's on the minds of businesses. If you have a burning issue, let me know and I'll try to see that it's heard by those who can make a difference! Just reply via email and tell me, what's on your mind?

Stay cool (or at least try).