Employment Law Alert
February 3, 2009
Jill Fisher, Esquire ♦Employment Law Practice Group
Zarwin ♦ Baum ♦DeVito ♦ Kaplan ♦Schaer ♦Toddy ♦ P.C.
The New Year, and new administration, is already bringing change – to the world of employment law – with the first bill signed into law in 2009!
LILLY LEDBETTER FAIR PAY ACT – RETROACTIVELY EFFECTIVE
On January 29, 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act, which is retroactively effective as if signed on May 28, 2007. Thus, the new law applies to all pay discrimination claims pending on or after May 28, 2007.
The new law amends Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. It modifies the Americans With Disabilities Act of 1990 and the Rehabilitation Act of 1973.
The law ensures that individuals subjected to unlawful pay discrimination based on sex, race, color, national origin, age, religion or disability can assert their rights in court.
Under the new law, the statute of limitations would run 180 days from each paycheck that is diminished because of discrimination. In other words, each paycheck would be a new violation. Affected employees can collect two years of back pay from the time a suit is filed. (The Lilly Ledbetter Act restores the law to what it was prior to a 2007 Supreme Court ruling holding that a plaintiff must file suit within 180 days of the original discriminatory act.)
Despite already heard groans from employers and their HR professionals, the new law merely reinforces the need for employers to carefully review employee compensation, identify any significant disparities along the lines of race, sex, or other protected characteristics, and take all necessary steps to ensure that compensation differences are supported by sound, objective business reasons. In addition, if there are current pay disputes between an employer and employee who claims there is a discriminatory pay differential, the employer would be wise to attempt to resolve the issue promptly if the differential would be hard to defend.
NEW FMLA POSTER AND OTHER REQUIRED DOCUMENTS
Note: What follows applies only to employers with 50 or more employees.
In our prior 2009 Employment Law Alert, we advised you of the new Family and Medical Leave Act regulations that became effective January 16, 2009.
If you do not yet have (or are not yet planning to obtain) new combined federal and state posters for your workplace, we will be happy to forward to you the new (individual) FMLA poster containing the recent revisions to the regulations.
We can also forward to you the Department of Labor’s newly revised FMLA-related documents, including, Certification of Health Care Provider for Employees and Family Members, Notice of Eligibility and Rights & Responsibilities, Designation Notice, Certification of Qualifying Exigency for Military Family Leave, and Certification for Serious Injury or Illness of Covered Servicemember. (These forms replace the pre-January 16, 2009 versions.)
USE OF NEW I-9 FORM DELAYED UNTIL APRIL 3, 2009
We also told you in the prior alert that beginning February 2, 2009, all employers must use a revised I-9 Employment Eligibility Verification form when hiring a new employee or re-verifying the work authorization of an existing employee.
However, on January 31st, the U.S. Citizenship and Immigration Services announced that it will delay implementation of the new Form I-9 until April 3, 2009.
We’ll be keeping you updated!
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(Note: The above is intended to be informational only. It is not intended to be, nor should it be taken as legal advice for any particular situation.)
For more information about the topics in this alert, or other employment matters, to inquire about training programs, or to obtain employment law forms please contact Jill Fisher, Esquire at jfisher@zarwin.com or 215-569-2800 x186.