Monday, March 9, 2009

Business Owners, Employees and HR Generalists Beware

Obama has promised that the Employee Free Choice Act (EFCA) will become law. The EFCA was sponsored by Obama and is expected to be introduced sometime this year in the Senate. If that doesn't concern you, here are a few other bills sponsored by Obama that may. Let's hope these don't come to fruition:

"The Working Families Flexibility Act"
This act would require that when an employer denies an employee's request regarding a change in working conditions, the employee will have rights to challenge the decision through a series of escalation from employer to administrative law judge hearings, ultimately ending in federal court. It is the burden of the employer to prove that the denial of request is justified. A change in working conditions is an employee's request for a change in work hours, start and end times, and location of work.

"Protecting America's Worker Act"
An act that will increase OSHA penalties, impose significant mandatory sentences, and allow criminal penalties for non-fatal incidents.

"Healthy Families Act"
This act will require companies with more than 15 employees to provide 7 annual sick days. Employers cannot use the excuse that sick days are already provided, they will be required to add an additional 7 to the already exsisting sick days.

"The Paycheck Fairness Act"
This act would make it illegal for any employer to prohibit or discourage employees from sharing salary information. It also limits an employers defenses to EPA claims, uncaps damages for both punitive and compensatory, and eases restrictions on class action suits.

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