Legislation Information

	The Society for Human Resource Management Emerald Coast Chapter #459 wants to encourage all its members to think about how they can address the issues affecting their workplace and performance of job duties. We have listed below the websites for your reference. They include: Employment Law Information Write Your Elected Officials! SHRM National
	LEGISLATIVE UPDATES - 2012
	January 2012
	$3.2 million because of judge’s sexual harassment. A jury awarded three female county-court employees $3.2 million in a sexual-harassment case brought under 42 U.S. Code 1983, which has no limit on liability and allows naming the harasser personally, along with the employing organization. The county judge was found to have “violated the bodily integrity and intentionally inflicted emotional distress upon the plaintiffs.” The jury found he had fondled the employees’ private body areas, made repeated sexual comments and sent sexually explicit emails over a two-year period. The jury also concluded that when the employees complained, the county conspired to cover up the behaviors and took no corrective action. Kalina, et. al. v. Blackstock (S.D. Tex., 2011). EEOC achieves largest settlement in the history of ADA. Verizon Communications has agreed to pay $20 million to settle a class action over the company’s absence policies, which disciplined or discharged employees regardless of reason, including not accommodating absences because of disability. The company will also change its policies and provide training on disability law and practices. EEOC v. Verizon Tel, LLC (D. MD, 2011). Deaf convenience-store manager wins $1 million (perhaps more). A jury found in favor of an ex–convenience store area manager. The $1-million award may go to $1.8 million after the court considers motions for additional front-pay and attorney fees. The employee, who had 95 percent hearing loss, had successfully managed a store, then managed several stores for years. He lip-read, carried a text pager and had a fax machine in each store. A new supervisor decided the equipment should no longer be on the budget and took it away. The employee bought his own text pager but could not purchase the other equipment for each store he visited. Further, the new supervisor decided to conduct meetings by conference call but would not provide assistive technology, so the manager could not hear, nor read lips. The manager’s requests for restoring accommodation were rejected. He was unable to effectively continue to perform the job. The company denies it violated the law and plans to appeal. Soliday v. 7-Eleven, Inc. (M.D. Fla., 2011). Employee defeats own case by dishonesty about which disability he had. An employee’s bipolar condition caused multiple absences. He did not want to reveal a “mental” condition, so he told management that his previous prostate cancer had returned and he was missing work because of treatments. He was asked to provide medical documentation, but he delayed. After being hospitalized because of an episode of severe depression, he informed management of the real cause of the absences. He never did produce medical documentation. He was discharged. He then sued under the ADA and FMLA. The court found no FMLA violation because of failure to provide the required medical verification. The ADA claim was dismissed. There was valid reason to fire the employee for lying to management. Had the employee been honest about the real disability, he would have probably received accommodation for the absences. His own lack of candor denied him this consideration. Prigge v. Sears Holding Co. (3rd Cir., 2011). Employer not required to accommodate employee’s spouse. The ADA prohibits discrimination because of an employee’s or applicant’s “association” with a person with disabilities. An air-transport employee’s spouse’s autoimmune disorder, tumors and a stroke required him to devote substantial time to her care and treatment. This significantly interfered with his managing one of the company’s air terminals. He was cited for performance issues. He sued, claiming the company refused to accommodate his need to care for his wife’s disability. The court dismissed the case. The FMLA covers care of a family member. The ADA, however, requires accommodation only of the employee. The “associated” sections of the ADA do not mention accommodation. They were intended to prevent hiring or firing discrimination because of fear of higher health-insurance costs based on employees’ family members with disabilities, etc., and not to create an additional accommodation requirement. Stansberry v. Air Wisconsin Corp. (6th Cir., 2011).

	LEGISLATIVE UPDATES - 2011
	December 2011- Minimum Wage Increase Effective January 1, 2012 Reminder: The 2012 minimum wage in Florida is $7.67 per hour, effective January 1, 2012, with a minimum wage of at least $4.65 per hour for tipped employees, in additon to tips.
	October 2011 - NLRB Has Postponed The Implementation Date For Its New Notice-Posting Rule The National Labor Relations Board has postponed the implementation date for its new notice-posting rule. Instead of November 14, the new effective date is January 31, 2012. The additional time allows for enhanced education and outreach, mainly for small and medium sized employers. The NLRB posting requirement results from the NLRB requirement that covered employers now must provide notice to employees about their unionization rights. Employers required to post the 11-by-17 inch notice may download and print the posting from the NLRB website, www.nlrb.gov.
	October 2011 - National Disability Month October is National Disability Employment Awareness Month (NDEAM). NDEAM is a national campaign that raises awareness about disability employment issues and celebrates the many and varied contributions of America's workers with disabilities. NDEAM's roots go back to 1945, when Congress enacted a law declaring the first week in October each year "National Employ the Physically Handicapped Week." In 1962, the word "physically" was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities. In 1988, Congress expanded the week to a month and changed the name to "National Disability Employment Awareness Month." The Labor Department's Office of Disability Employment Policy took over responsibility for National Disability Employment Awareness Month in 2001. The 2011 theme: “Talent Has No Boundaries: Workforce Diversity INCLUDES Workers with Disabilities” represents that workers with disabilities are diversified and a vibrant talented work source. “Return on investment means hiring the right talent," said Kathy Martinez, assistant secretary of labor for disability employment policy. "Workers with disabilities represent all skill sets and are ready to get the job done. This year's theme focuses on improving employment opportunities that lead to good jobs and a secure economic future for people with disabilities and the nation as a whole."
	National Disability Month Poster National Disability Month Poster (Spanish) Myths and Facts About People With Disabilities
	NLRB Requires Employers to Notify Employees of Union Rights Beginning November 14, 2011, the National Labor Relations Board (NLRB) will require all private sector employers, except agricultural, railway and airline employers, to post a notice to employees advising them of their rights as employees under the National Labor Relations Act (NLRA). *Click here for details >>*
	SAVE THE DATE!!! SHRM 2012 Employment Law and Legislative Conference March 5th - 7th, 2012 Washington D.C. The SHRM Employment Law and Legislative Conference will be held at the Hyatt Regency Washington on Capitol Hill, which is convenient to the U.S. Capitol, the White House, the Smithsonian Institution and other Washington landmarks and museums. Hyatt Regency Washington on Capitol Hill 400 New Jersey Ave., NW Washington, DC 20001 Phone 202-737-1234 or 800-633-7313 Fax 202-737-5773 Group rate is available. Attendees should refer to the “SHRM Employment Law & Legislative Conference” for the special negotiated rate.
	Florida Government information can be found on MyFlorida.com MyFlorida.com is the official portal of the State of Florida. Look up Florida Laws and regulations, contact your State and US legislative representatives and MORE. The specific link is: http://www.myflorida.com/taxonomy/government/florida%20government%20information/
	Additional Unemployment Compensation Reforms to Take Effect August 1 Beginning Monday, August 1, 2011, several changes to Florida’s Unemployment Compensation program take effect. These reforms will save the state money, reduce taxes on employers and help get Floridians back to work. Changes taking effect August 1 include:
	Internet Filing and Certification of Weeks – Initial and continued claims must be filed over the Internet. The change will improve government efficiency and provide a projected $4.7 million savings annually in administrative costs. AWI’s unemployment compensation hotline will be available to answer questions about the filing process. Work Search – Claimants are required to contact at least five potential employers per week and provide this information over the Internet during their bi-weekly certification for benefits. A quick, efficient way to contact employers is by using the Employ Florida Marketplace at employflorida.com, the state’s online job matching system where you can search thousands of job postings and apply for jobs. If a claimant is not able to make at least five employer contacts in a week, meeting with a representative at a local One-Stop Career Center for reemployment services will satisfy this requirement for that week. Skills Review – In order to receive benefits, claimants filing new claims must complete an initial skills review over the Internet. The results of the review will be used by local One-Stop Career Centers to assist claimants with job searches. Severance Pay – If a claimant’s severance pay per week is equal to or greater than the claimant’s weekly benefit amount, the claimant is not entitled to benefits for that week. Severance pay does not impact the total amount of benefits that can be paid on the claim.
	For more information, please visit www.floridajobs.org.
	New SEC Whistle Blower's Award program
	The U.S. Securities and Exchange Commission (SEC) published final rules implementing the whistle-blower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act on June 13, 2011. This article highlights what employers need to know before the final rules become effective on Aug. 12, 2011. What is the SEC’s whistle-blower award program? The whistle-blower award program flows from Section 922 of the Dodd-Frank Act, which added Section 21F to the Exchange Act of 1934. Section 21F requires the SEC to pay awards to “whistle-blowers” who voluntarily provide “original information” that leads to a successful securities enforcement action. The awards are available only when the enforcement action results in monetary sanctions exceeding $1 million, but when it rains it pours: Awards must amount to between 10 percent and 30 percent of the total sanction imposed. In other words, these bounties for original information start at $100,000, and the sky’s the limit. Who’s eligible for an award? Almost anyone can be a whistle-blower under the SEC’s new rules (17 C.F.R. Section 240.21F). Although entities are excluded from that definition, any individual who provides the SEC with information that relates to a possible violation of the federal securities laws can qualify as a whistle-blower. What are the requirements for an award? There are four basic requirements for an SEC whistle-blower award.
	The whistle-blower has to “voluntarily” provide the SEC with information relevant to a possible securities violation. If Congress, the SEC, or another federal/state agency asks for information, a response to that request is not “voluntary” for the purposes of the whistle-blower program. The whistle-blower’s information must be “original.” It must be derived from the whistle-blower’s independent knowledge or analysis (as opposed to public records or press accounts). The information has to lead to a successful SEC enforcement action. The enforcement action has to result in monetary sanctions, including penalties and interest, that exceed $1 million.
	Notice To Employees - Minimum Wage in Florida
	The revised 2011 minimum wage in Florida is $7.31 per hour, effective June 1, 2011, with a minimum wage of at least $4.29 per hour for tipped employees, in addition to tips. The minimum wage rate is recalculated yearly on September 30, based on the Consumer Price Index. An employer may not retaliate against an employee for exercising his or her right to receive the minimum wage. Rights protected by the State Constitution include the right to: 1. File a complaint about an employer's alleged noncompliance with lawful minimum wage requirements. 2. Inform any person about an employer's alleged noncompliance with lawful minimum wage requirements. 3. Inform any person of his or her potential rights under Section 24, Article X of the State Constitution and to assist him or her in asserting such rights. An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorney’s fees. An employer found liable for intentionally violating minimum wage requirements is subject to a fine of $1,000 per violation, payable to the state. The Attorney General or other official designated by the Legislature may bring a civil action to enforce the minimum wage. For details, see Section 24, Article X of the State Constitution and Section 448.110, Florida Statutes.
	Health Care Reform Update On April 5th, 2011 Congress repealed a highly unpopular piece of the health care reform law. The Senate voted 87-12 to repeal a tax reporting requirement that would have forced companies to file tax forms for every vendor on which they spent more than $600 in goods each year. The rule was expected to help fund health care reform by raising almost $25 billion over the next decade. The Senate vote followed on the heels of a 314-112 House vote in March to repeal the rule. The President is not expected to veto the repeal.
	Workplace Law Bulletin
	Published twice a month, the Workplace Law Bulletin from SHRM.org provides the most recent legal news relevant to HR, plus a chart of upcoming compliance deadlines. You can sign up for free newsletters at the following link: http://www.shrm.org/Publications/E-mailNewsletters/Pages/default.aspx
	Florida Government Information Locator Service
	(FGILS) is a comprehensive list of Florida government sites. The link is: http://dlis.dos.state.fl.us/fgils/
	Court Strikes Down Health Care Law as Unconstitutional - February 2011
	The U.S. District Court for the Northern District of Florida has ruled that the entire health care reform law is unconstitutional. The judge struck down the individual mandate to purchase health insurance as exceeding Congress’ power under the Commerce Clause and determined that the individual mandate could not be severed from the rest of the law. *Click here for full brief >>*
	Florida Guns at Work Issue - Posted March 19, 2011 Florida Employment Verification Issue - Posted March 19, 2011 Florida Legal Issue - Posted February 17, 2011