E-Newsletter

December 2008

Employer Alert: Legislative Changes to Take Effect

Thomas P. Krukowski, Esq.

The ADA Amendments Act (ADAAA), President Bush's E-Verify Order for federal contractors, changes to the federal Family and Medical Leave Act (FMLA) regulations, and the Milwaukee Paid Sick Leave Ordinance become effective in early 2009. Are you prepared to be in compliance with these new laws? Below is a summary of the provisions of each of these new employment laws, key issues and a timeline for compliance.

January 1, 2009: ADAAA

Employers with 15 or more employees will be subject to the expanded scope and broadened coverage of the Americans with Disabilities Act as required by the ADAAA. Both houses of Congress passed the ADAAA to restore the original intent and protections of the ADA, which had been narrowed by several U.S. Supreme Court decisions. The ADAAA redefines the definition of disability; eliminates the effect of mitigating measures, such as medication, in determining whether an employee's condition substantially limits a major life activity; clarifies and expands what constitutes a major life activity; and expands the standard for employees to establish a "regarded as disabled" claim of discrimination. Previously excluded conditions that are mitigated by medication, such as epilepsy, are now protected. However, conditions that have an expected duration of six months or less will not be considered as disabilities. Krukowski & Costello, S.C. is available to help you understand the new, stringent provisions of the ADAAA, provide guidance in evaluating and administering requests for reasonable accommodation, and how the ADA interacts with the FMLA and worker's compensation laws.

January 15, 2009: E-Verify

Beginning on January 15, 2009, as a condition of each contract, federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services' E-Verify system to verify their employees' eligibility to legally work in the United States. E-Verify will be used for all persons hired during a contract term, and to confirm the employment eligibility of federal contractors' current employees who perform contract services for the federal government within the United States.

The new rule, which is governed by Executive Order 12989, applies to solicitations issued and contracts awarded after the effective date of the final rule-January 15, 2009. However, employers, including federal contractors, may enroll in E-Verify at any time without waiting for the effective date of January 15 or before being awarded a federal contract or subcontract that requires participation in E-Verify as a term of the contract. For employers with an existing federal contract, verification of employees through E-Verify is limited to new hires only; however, if you are a federal contractor who has been awarded a contract on or after January 15, 2009, both existing and new hires are subject to verification.

January 16, 2009: Federal FMLA Regulations

The new regulations governing the Family and Medical Leave Act affect many provisions of the FMLA, including the definition of a serious health condition, eligibility notice rules, Fitness-for-Duty Certifications, and contacting an employee's health care provider. The regulations also clarify new benefits for Military Caregiver Leave and explain the new Military Exigency Leave rules. The new regulations have created seven new forms. These rules, which were published on November 17, 2008, become effective on January16, 2009.

For guidance on these and other employment law questions, contact Krukowski & Costello, S.C.'s educational services department at (414) 988-8400.