Employment Law Update

Michael Patrick O’Brien
January 28, 2008 | COMMENTS

Recently I wrote about how Congress had voted to expand the Family and Medical Leave Act (FMLA) and suggested you start work on updating your FMLA policies. Don't update your policies just yet, because President Bush vetoed the bill. He is not opposed to the FMLA provisions, but he opposes other provisions in the legislation. So, no FMLA changes yet. But, they probably will happen eventually, so here is a reminder of what likely will occur. In addition to the existing requirements with which you are familiar, FMLA also may soon require that an employer give an employee 12 weeks of unpaid leave when that employee's immediate family member (spouse, child, parent) is a reservist or National Guard member called to active military duty. Moreover, the FMLA also may soon require an employer to give 26 weeks of unpaid leave to an employee providing care to an immediate family member (spouse, child, parent) wounded while serving in the United States military. Stay tuned for details.

Utah Legislature in Session

The Utah Legislature is in session from January 21 to March 5, 2008. The Legislature will consider several employment-related bills. Here is a summary of some of them and links to the text of each bill. HB 98 (http://le.utah.gov/~2008/bills/hbillint/hb0098.htm ) requires that all Utah public employers use the federal system (called E-verify) for verifying the validity of a Social Security number (SSN). HB 257 ( http://le.utah.gov/~2008/bills/hbillint/hb0257.htm ) would impose this requirement on any private employer receiving certain economic incentives from the State. HB 239 ( http://le.utah.gov/~2008/bills/hbillint/hb0239.htm ) would repeal driving privilege cards for undocumented immigrants. SB 97 ( http://le.utah.gov/~2008/bills/sbillint/sb0097.htm ) would set up a legislative task force to consider a wide range of immigration issues. HB 114 ( http://le.utah.gov/~2008/bills/hbillint/hb0114.htm ) would raise the Utah minimum wage to$7.25 per hour with annual adjustments for inflation. HB 89 ( http://le.utah.gov/~2008/htmdoc/hbillhtm/HB0089.htm ) would prohibit employment discrimination based on gender identity and sexual orientation. Watch for emerging details on these topics and other topics as the legislative session progresses.

California Bans Cell Phone Use While Driving

Responding to concerns about driver distraction, California has become the fourth state to ban cell phone use while driving. Cell phones leaving both hands free to drive are not included within the ban. Modify your policies accordingly for any employees who may drive in California as part of their jobs.

NLRB Allows Employers to Ban Union from E-Mail Use

The National Labor Relations Board (NLRB) has ruled that employers can ban unions from using the company's e-mail system during organizing campaigns and for union activities. The 3-2 split decision allows employees to use e-mail systems for charitable purposes without opening up use of the system by employees who want to organize a union. The NLRB also ruled that an employer cannot discriminate; i.e. allow use of its e-mail system for one union but not another or allow use of the e-mail system by anti-union workers but not by pro-union workers. Note that because this decision split along party lines, it could change in the future if the Democrats win the White House in 2008 and thus are allowed to appoint a majority of NLRB members.

More Big Settlements in Employment Cases

A New York federal court has approved a $6 million settlement in favor of black and Hispanic workers who say their union discriminated against them in wage payments. An airline manufacturer has agreed to pay $2.5 million to settle claims by minority workers that they were called names and received threats of lynchings at worksites across the country. Madison Square Garden and the New York Knicks have settled the harassment case brought against their basketball coach (paying a former executive $11 million) as well as a sex discrimination case brought by an ex-Rangers cheerleader who also claimed she received unwanted advances while cheering on the professional hockey team. Both cases have been good entertainment for New York sports fans given that both of these teams are in last place in their divisions (Knicks W/L record currently at 11-26; Rangers at 21-20).

The Employment Law Update is a legal and legislative update service sent out about twice a month to various members of the Utah League of Credit Unions HR Council. The author, Utah law attorney Michael Patrick O'Brien, is also the Legal and Legislative Director for Utah SHRM (Society for Human Resource Management). These updates are merely updates and are not intended to be legal advice. Receipt of this information does not create an attorney-client relationship. Contact O'Brien at 801-534-7315 or mobrien@joneswaldo.com or visit www.joneswaldo.com. Reprinted with permission.