Previously, once paid time off was made available for an employee’s use, any unused portion of such time was considered wages upon separation from employment and was to be paid at the regular rate of pay earned prior to separation.

The newly added section of law, N.D.C.C. 34-14-09.2, specifies:

If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if:

At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off; The employee has been employed by the employer for less than one year; and The employee gave the employer less than five days’ written or verbal notice.

The Act makes it unlawful for employers to discriminate based on genetic information in hiring, promotion, discharge, compensation, fringe benefits, job training, classification, referral, and other terms, conditions, or privileges of employment. Employers also may not classify, limit or segregate employees in any way because of genetic information that would deprive or tend to deprive an individual of employment opportunities or adversely affect their employment status. Employers are also prohibited from requesting, requiring, purchasing, or disclosing genetic information, except in limited circumstances. For instance, GINA allows covered entities to request or require “information . . . to comply with the certification provisions of” family medical leave laws and to conduct DNA analysis for law enforcement purposes. Retaliation against employees who exercise their rights under GINA, as well as harassment based on genetic information, is also prohibited. Harassment can include, for example, making offensive or derogatory remarks about an applicant or employee’s genetic information, or about the genetic information of a relative of the applicant or employee.

The Equal Employment Opportunity Commission has revised its required workplace posters to include the new GINA provisions as well as other recent updates to employment law. Employers can print free of charge a supplemental poster and post it alongside their other required postings. The supplement can be downloaded at no charge from the EEOC’s website at http://www.eeoc.gov/employers/upload/eeoc_gina_supplement.pdf. Alternatively, employers can print and post the EEOC’s November 2009 version of the “Equal Employment Opportunity is the Law” poster, which also is available at no charge on the EEOC’s website at http://www.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf.

WSI has several programs including two newer programs that employers can participate in. These programs offer employers the flexibility to choose which programs will be most beneficial for them. WSI’s Safety Management Program (SMP) is designed to assist employers in developing or improving current safety management systems. A WSI Safety Consultant will conduct an assessment based on the SMP requirements and develop plans to assist employers in making improvements. Employers who successfully participate in WSI’s new Safety Management Program can receive a premium discount of 10%. WSI’s Safety Action Menu program is designed to provide employers with options to implement safety improvement programs. The employer has the option choosing the programs that will be most beneficial. Employers can receive a 15% premium discount by choosing to participate in a variety of (SAM) items that can each provide a 5% discount up to a maximum of 15%. WSI encourages employers to enroll in both the Safety Management Program and Safety Action Menu as both discounts of each program can be combined in the same premium period for a maximum discount of 25%.

If you would like more information or would like assistance with setting up policies or programs please contact us.

On September 30, a Wisconsin state court awarded a $1.26 Billion, yes BILLION, dollar judgment against PepsiCo when PepsiCo failed to timely respond to a legal action served on PepsiCo’s registered agent. While PepsiCo has since been successful in getting the judgment vacated, such was not a sure thing, caused significant extra expenses, and was a corporate embarrassment.

At JMFPC, we provide registered agent services for a low annual fee. We will be available for receipt of any process or notice and will make sure that your rights are preserved and that a plan is put into place to respond. At a minimum, if you or one of your employees is going to remain your registered agent, it is important to make sure that you understand the importantance of this role and to have a process to respond. Please call for more information.

Senator Sherrod Brown (D-Ohio) and Robert P. Casey (D-PA) now are proposing that Congress extend and expand ARRA COBRA Premium Subsidy requirements applicable to group health plans as proposed by the “COBRA Subsidy Extension and Enhancement Act” (S. 2730).  The “COBRA Subsidy Extension and Enhancement Act” (S. 2730) proposes that Congress:

• Extend the COBRA Premium Subsidy requirements an extra six months to 15 months;
• Increase the required subsidy amount during the extended COBRA Premium Subsidy period from 65 percent to 75 percent of the COBRA premium; and
• Clarify that the employees and dependents eligible to qualify as assistance eligible individuals under ARRA includes those losing group health plan eligibility due to an employment loss, whether from an actual employment termination or a decline in hours of employment.

If you have questions regarding ARRA, Cobra, or the possible extension and expansion of ARRA, do not hesitate to contact me at joel@jmfpc.com or visit my contact page.