LEGAL AND LEGISLATIVE UPDATE
SUMMER, 2011
HIGHLIGHTS of the STATE of PA 2011 Legislative Session
OVERVIEW OF THE FEDERAL EMPLOYMENT LAW SCENE
New Feature: “DID YOU HEAR ABOUT THIS……………??
DID YOU HEAR ABOUT THIS ……………………..Pennsylvania continues to remain
near the top of the list among “the most burdensome states in the country for
employers.”
PA state law exceeds federal standards in wage and hour laws; leave and leave of
absence laws; WARN-type requirements and severance mandates; limits employment-at-will
doctrines; state and local anti-discrimination laws are more expansive; and the state’s
workforce is highly unionized. (US Chamber of Commerce report 2010 )
Did you hear about this ……………….from June through September, workers
compensation claims at small businesses are at their peak, according to an analysis
of Travelers Insurance claims data (2010).
Lower back strains and other back-related injuries and injuries from slips, trips and falls are the
most common, and workers under 30 years old comprise almost one third of those sustaining
on-the-job injuries.
HIGHLIGHTS of the State of PA LEGISLATIVE SESSIONS
There were very few real “highlights” from the spring legislative session this year as the
state’s BUDGET was first and foremost in everyone’s mind for 2011 – 12. The following
legislation was introduced in House and/or Senate and was reported out to us by
Jonathan Segal, Esq. of the DuaneMorris group.
House Bill 439 – Professional Licenses Illegal Employment Act (unauthorized
aliens)
You could have your business license revoked if you knowingly or unknowingly hired an
illegal alien.
House Bill 105 – Whistleblower Law – expands definitions of employee and
employer resulting in almost anyone being recognized as a potential whistleblower
affecting your business, your people and the general public.
House Bill 271 – BULLYING – relates bullying to defined crimes within the state
statutes with intent of possibly using the law within the workplace.
House Bill 380 – E-Verify Program / Construction Industry Standards – sets new
restrictive timelines for contractors under federal law to verify SS numbers and other
information within the Homeland Security and Social Security Admin. guidelines.
House Bill 889 – Veteran’s Day Holiday (paid or unpaid at the discretion of the
employer – how does that work ???)
House Bill 935 – Preservation and Protection of Firearms in Motor Vehicles Act
We all know about this one and it’s back again this year as a “privacy right” to carry firearms
locked in your vehicle on company premises.
Senate Bill 128 – Employer Use of Consumer Report Act
Senate Bill 561 – Workplace Electronic Message Monitoring Act - not allowing
employer to review and read employee emails unless having provided the employee proper
noticein advance.
NONE OF THESE BILLS PASSED INTO LAW……………………………………………
BREAKING NEWS ON THE FEDERAL SCENE
“QUICKIE ELECTIONS PROCESS”
The National Labor Relations Board (NLRB) recently issued a proposed rule changing the
Board’s procedure for union election campaigns. The proposal shortens the time frame for
union election campaigns and makes other changes to the unionization process. The proposed
rule contains a number of provisions of concern including:
• Shortened Timeframe. Because unions can prepare their entire unionization campaign
before making it public, shortening the time between filing and the election creates a
disadvantage for employers. Unless employers have adequate time to prepare their educational
materials, employees will not have full information about the pros and cons of unionization. In
addition, the NLRB has not shown why the current timeframe (median of 38 days) needs to be
shortened.
• Changes to the Statement of Position. The proposal requires employers to disclose their
entire case theory in this document and precludes employers from presenting evidence on any
issue that the employer fails to include in the Statement. This preclusion raises due process
issues for employers and is likely to increase litigation.
• Mandated Disclosure of Employee Information. Under the rule, employers are required
to turn over private employee information, including employee telephone numbers and e-mail
addresses. The rule does not specify whether these are home or work contact information or
both. This is an invasion of employee privacy and an invitation to distract employees during the
workday.
• Deferral of Representational Disputes. The proposed rule, under certain circumstances,
defers litigation of representational disputes, such as the eligibility of voters, until after the
election is held.
This NLRB proposal is the most recent action government entities have taken
seeking to make unionization easier.
In addition, it is important to note that the U.S. Department of Labor (DOL) has also
issued a proposal that would expand the public disclosure rules to require that
employers report virtually all services regarding labor relations and union
organizing. Taken together, the DOL and NLRB rules will severely inhibit employer free
speech and have the effect of preventing employees from hearing both sides of the unionization
debate. The comment period for the DOL rule was recently extended until September 21,
2011. SHRM will be providing you with additional information on how to comment on the DOL
proposal as the September 21 deadline for comments approaches.
ONE FINAL late breaking NOTE
Your “reporter” had the opportunity to attend a JOBS AND ECONOMY
ROUNDTABLE session with about 40 other business people in Williamsport on
Monday, August 29th with our Senator Pat Toomey and his staff. Senator Toomey is
spending his time in PA talking to his constituents before the session resumes next
Tuesday after the Labor Day weekend. His opening message was brief but pointed to
his selection and involvement on the “Super Congress” team of 12 who will work
through the deficit, budget and spending issues up to the November 23rd deadline.
Senator Toomey is dedicated to bringing jobs to PA; reducing the increasing regulations
and taxes to business; serving in the manner in which he was elected last year. More
to report in the months to come………………………………