Legislative and Regulatory News for the Week of February 8
Employee Benefits
A number of bills introduced this week seek to amend the Employee Retirement Income Security Act (ERISA) The Defined Contribution Fee Disclosure Act of 2009 (S. 401) would amend ERISA to provide special reporting and disclosure rules for individual account plans. The Pension Security Act of 2009 (H.R. 712) would amend ERISA to require the annual report of a defined benefits pension plan to disclose any hedge fund investments. Finally, the Family Building Act of 2009 (H.R. 697) would also amend ERISA by mandating benefits coverage for infertility.
Another bill (H.R. 810) would provide a tax credit to employers for the value of the service not performed during the period employees are serving as members of the Ready Reserve or the National Guard. The Veterans Employment Act of 2009 (H.R. 931) would similarly provide an employer tax credit for those who hire unemployed veterans.
Immigration
The Senate approved a modified amendment to the stimulus bill that would substantially limit employers that receive Troubled Asset Relief Program (TARP) funds from hiring employees who hold H-1B work visas. The Save Our Small and Seasonal Businesses Act of 2009 (S. 388), on the other hand, would extend by three years the hiring cap exemption for returning H-2B guest workers. In other immigration news, the Loophole Elimination and Verification Enforcement Act (H.R. 994) was introduced. This bill would, among other things, mandate that all employers use the E-Verify program.
Labor/Management Relations
President Obama signed another labor-friendly executive order encouraging the use of project labor agreements.
Workplace Flexibility
The Airline Flight Crew Family and Medical Leave Act (H.R. 912), passed by the House this week, would close a Family and Medical Leave Act (FMLA) loophole for airline pilots and flight attendants by changing the hours of service requirements. In other FMLA news, the Family and Medical Leave Enhancement Act of 2009 (H.R. 824) would amend the FMLA to allow employees to take parental involvement or family wellness leave.
The Family-Friendly Workplace Act (H.R. 933) was reintroduced this week. This bill would amend the Fair Labor Standards Act to permit private-sector employees to chose compensatory time off (“comp time”) in lieu of case wages for overtime hours worked.
Workplace Safety
The Worker Protection Against Combustible Dust Explosions and Fires Act (CDEFA) (H.R. 849) was introduced. This bill would regulate combustible dust exposure at industrial sites.
