Washington D.C. Employment Law Update : Washington D.C. Employment Lawyer & Attorney : Littler Mendelson Law Firm : Virginia, Tyson's Corner

The fact sheet for non-healthcare employers highlights information contained in OSHA’s Fact Sheet What Employers can do to Protect Workers from Pandemic Influenza and HHS/CDC’s Guidance for Business and Employers to Plan and Respond to the 2009-2010 Influenza Season.  These materials encourage employers to, among other things, develop policies for workers and clients who become ill in the workplace, educate employees on conditions that place them at higher risk for developing flu complications, and improve workplace hygiene. The fact sheets for healthcare employers encourage additional controls to limit flu exposure, including the installation of physical barriers to isolate flu patients, reducing patient transport, and providing respiratory protection and other personal protective equipment to healthcare providers.

In a press release, OSHA’s acting assistant secretary stated: “Protecting our nation's workers is OSHA's top priority,” adding, “These fact sheets are tools we have developed to help ensure America's workers stay healthy and our businesses remain viable. OSHA's new fact sheets will help all employers identify appropriate actions to protect their workers.”

The website, which lists links to other resources on H1N1, will provide updated materials as new information on the virus becomes available.

Photo credit: zorani

The TAD addresses such questions as:

• How much information may an employer request from an employee who calls in sick, in order to protect the rest of its workforce when an influenza pandemic appears imminent?
• When may an ADA-covered employer take the body temperature of employees during a pandemic?
• Does the ADA allow employers to require employees to stay home if they have symptoms of the pandemic influenza virus?
• When employees return to work, does the ADA allow employers to require doctors’ notes certifying their fitness for duty?

The document also provides, in a question and answer format, information to help employers develop a plan to manage their workplace in an ADA-compliant manner both before and during a potential outbreak. In addition, the TAD explains when inquires about an employee’s health are permissible, and when they could be considered disability-related and thus potentially violate the ADA.
 

Arbitration

Senator Russ Feingold (D-WI) has reintroduced the Arbitration Fairness Act (S. 931), a bill that would render unenforceable predispute agreements mandating arbitration of employment, consumer, franchise or civil rights claims.

Business Restructuring

The recently-introduced Alert Laid off Employees in Reasonable Time (ALERT) Act (H.R. 2077) would require employers to provide Worker Adjustment Retraining Notification (WARN) Act notices to employees in the event of mass layoffs that occur at more than one worksite, and would double the penalties for violations.

Congressional Leadership

Senator Arlen Specter (R-Pa) recently announced his intent to run for reelection as a Democratic in the 2010 primary, bringing Democrats closer to a filibuster-proof majority.

Discrimination in the Workplace

The Fair Pay Act (S. 904, H.R. 2151) was reintroduced in both the House and Senate. This bill would amend the Fair Labor Standards Act (FLSA) by introducing the concept of equal pay for comparable – not equal – work.

Immigration

Assistant Senate Majority Leader Richard Durbin (D-Ill.) and Sen. Charles Grassley (R-Iowa) introduced the H-1B and L-1 Visa Reform Act (S. 887), legislation that would completely reform the H-1B and L-1 visa guest worker programs.

Labor-Management Relations

The Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) has announced that it plans to issue a notice of proposed rulemaking regarding revisions to the Labor Organization Officer and Employee Report (LM-30) financial disclosure form.

Meanwhile, the U.S. Court of Appeals for the District of Columbia Circuit has held that the National Labor Relations Board acted without authority in entering an order against a company for alleged unfair labor practices, as the two-member panel did not constitute a quorum as required by the National Labor Relations Act.

Work/Family Balance

Two bills were introduced this week that seek to amend the Family and Medical Leave Act (FMLA) and its regulations. The Family and Medical Leave Restoration Act (H.R. 2161) would essentially nullify the new DOL regulations, restore prior ones, and direct the Secretary of Labor to revise additional regulations under this Act. The Family and Medical Leave Inclusion Act (H.R. 2132) would amend the FMLA to permit eligible employees to take up to twelve weeks of unpaid leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling or grandparent who has a serious health condition.

Workplace Safety

Employers are advised to establish a workplace safety plan to specifically address the public health emergency surrounding the swine flu outbreak.  On April 29, 2009 the World Health Organization (WHO) raised the pandemic alert level to Phase 5, with Phase 6 indicating that a global pandemic is under way.

In legislative news, the Protecting America’s Workers Act (PAWA) (H.R. 2067), a bill that would amend the Occupational Safety and Health (OSH) Act by expanding its coverage, increasing whistleblower protections, and enhancing employer penalties for violations, was reintroduced.  Additionally, on April 28, both the House and Senate conducted hearings to address the adequacy of employer incentives for maintaining safe workplaces and penalties for violating OSH laws. Lawmakers in both chambers stressed the need for OSH reform.