New Employment Laws On The Horizon

Mcquire Woods recently outlined in their email newsletter (available on their web site here)  a list of employment laws that may be on the Horizon if the Democrats maintain control Congress and Obama wins. Their list and summary is as follows:

ADA Restoration Fairness Act
(proposed July 2007)Intended to reverse several Supreme Court decisions that the Act's supporters claim have significantly narrowed the reach of the Americans with Disabilities Act (ADA). For example, the proposed Act would determine whether an employee is disabled without regard to whether the employee is using any mitigating measures (such as hearing aids, glasses or medication). Presently, courts take into account mitigating measures to determine if an applicant or employee is a "qualified individual with a disability" and protected under the ADA.

Arbitration Fairness Act
(proposed July 2007)Would make pre-dispute arbitration agreements in employment contracts unenforceable if made between parties of unequal bargaining power.

Employee Free Choice Act
(proposed February 2007)As noted above, the Act's provisions are intended to make it significantly easier for unions to organize employers. The EFCA also provides for binding arbitration during negotiations for a first contract after 120 days, and increases remedies available for unfair labor practice charges.

Employment Non-
Discrimination Act of 2007
(proposed September 2007)Would prohibit discrimination based on sexual orientation and gender identity.

Equal Remedies Act
(proposed August 2007)Would eliminate punitive and compensatory damages caps that presently exist under Title VII (which governs discrimination claims based on race, color, sex, national origin and religion).

FMLA Expansion Act
(proposed June 2007)Among a number of proposed changes, the Act would extend FMLA coverage to smaller employers (25 or more employees) and authorize additional types of leave, including leaves for parent-teacher conferences and other school related functions.

Healthy Families Act
(proposed March 2007)Would require employers with over fifteen employees to provide 7 days of paid sick leave for employees working 30 or more hours each week, with pro-rated sick leave for employees working less than 30 hours per week.

Ledbetter Fair Pay Act
(proposed June 2007)Intended to reverse a Supreme Court ruling with respect to alleged discriminatory pay practices, to provide that a cause of action accrues each time an employee receives a paycheck affected by the alleged discriminatory practice. The Supreme Court's Ledbetter decision held that the cause of action for a discriminatory pay practice accrues at the time the practice was made or adopted, such that successive payments do not trigger a new cause of action or extend the statute of limitations.

RESPECT Act
(proposed March 2007)Intended to reverse a National Labor Relations Board decision that purportedly expanded the definition of "supervisor" under the National Labor Relations Act - important because only "employees" (not supervisors) are entitled to unionize or otherwise engage in protected activity under federal labor law.

Mitchell H. Rubinstein