Tag: Fortney Scott

Employers Face Decisions for 2010 While Health Care Reform Is Debated

Employers’ HR and benefits teams are facing the question of what to do in response to pending health care reform. Competing health care proposals are being hotly debated by Congress and the White House in Washington, D.C., and by legislators and their constituents around the country. The debate presents the full range of options, from […]

DOL to Abolish Employment Standards Administration

Like most federal agencies, the U.S. Department of Labor (DOL) is a large bureaucracy, housing many levels of subagencies and layers of employees with a host of titles that are unintelligible to outsiders. The DOL has recently decided to do a little streamlining by abolishing the umbrella agency that oversees four of its major units. […]

FMLA Leave: Military Caregiver Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Last week, we looked at the similarities and differences between traditional Family and Medical Leave Act (FMLA) leave and the new qualifying exigency military FMLA leave. This week we look at military caregiver leave. The rules for employer coverage (employing 50 employees within […]

EFCA: The Saga Continues, As Does the Misinformation

Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]

Military FMLA Leave: Qualifying Exigency Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Employees already eligible for leave under the Family and Medical Leave Act (FMLA) with family in the military are entitled to two new forms of FMLA leave benefits — qualifying exigency (QE) leave and military caregiver leave (MCL). The rules for employer coverage […]

Increased Enforcement of Labor Laws a Top Priority for Obama Administration

One of the clearest indications of an administration’s priorities is the budget and the amount of funding provided to various programs. Budgets always have winners and losers and reflect the degree to which programs will be implemented. A review of President Barack Obama’s proposed budget and recent agency actions demonstrates that increased enforcement of labor […]

Obama Administration’s Changes at DOL, EEOC, and NLRB

The changes promised by the Obama administration are beginning to take hold at the federal agencies regulating the workplace. Typically, the change in leadership can be a strong predictor of the changes in policies and directions that will be pursued by a new administration. Not surprisingly, the changes that already have occurred suggest that we […]

Obama Signs Executive Orders Affecting Federal Contractors, Unions

by David S. Fortney At the end of his first full week in office, President Barack Obama took swift action to change employment and labor law. On January 28, he signed the Lilly Lebedetter Fair Pay Act, which relaxes the statute of limitation within which workers can file pay discrimination claims. On January 29, President […]

Important Labor and Employment Decisions Pending Before the Supreme Court

The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes in both statutory regime […]

Last-Minute Regulatory Initiatives at OFCCP

There is a historical tendency in the final months of an administration to increase regulatory activity in an attempt to solidify its legacy. As the Bush administration comes to a close, it appears the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has its primary attention. Keep up with the latest […]