Working World

Here are some of the new laws that have recently gone into effect or will take effect in 2009:

Family and Medical Leave Act
The U. S. Department of Labor recently published amendments to the Family and Medical Leave Act (FMLA) for military families. The new regulations provide job-protected leave rights to employees who are the spouse, child, parent or next of kin of a “covered service member.” These individuals may take a total of up to 26 workweeks of unpaid leave during a 12-month period to care for the service member. In addition, in 2009 families with active military personnel may be entitled to FMLA leave for an expanded range of “qualifying exigencies,” such as:
• short notice deployment;
• attendance at military events;
• need to arrange or provide childcare;
• need to handle financial or legal maters; and
• rest and recuperation visits while the soldier is on leave.

Expansion of Americans With Disabilities Act
The Federal ADA was amended to expand the scope of individuals covered. Among the changes, the amended ADA makes clear that measures to treat a disability (other than “ordinary eyeglasses or contact lenses”) shall not be considered in assessing whether an individual has a disability.

Employer Compelled False Statements
A new California law makes it illegal to require an employee, as a condition of being paid, to sign a statement of hours worked if the employer knows the statement to be false. This is to further discourage employers from requiring employees to sign time cards understating their actual hours worked or falsely stating that legally mandated meal and/or rest periods were taken.

Payment for Temporary Employees
Wages for employees of temporary services companies must now be paid weekly or daily if an employee is assigned to a client on a day-to-day basis, or to a client involved in a trade dispute. Weekly payment is not required for employees who are assigned to a client for over 90 consecutive days.

Amy Semmel is an attorney with the firm of Donfeld, Kelley & Rollman. Her practice emphasizes employment, trade secret and business tort law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.