Edward Hardin

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In a press release from Thursday, March 24, 2011, the EEOC announced the  approval of the final regulations for the ADA Amendments Act.  The final regulations were published on Friday, March 25, 2011, in the Federal Register.  The release of the long-awaited regulations did not raise the same level of fanfare as the iPad 2. …

Effective July 24, 2009, the federal minimum wage increased from $6.55 per hour to $7.25 per hour for all non-exempt employees.  The 2009 increase in the federal minimum wage was the third and final increase to the federal minimum wage pursuant to Fair Minimum Wage Act of 2007.  Under the 2007 Act, the minimum wage established by the Fair Labor Standards Act increased in three steps from $5.85 per hour effective July 24, 2007, to $6.55 per hour effective July 24, 2008, and to $7.25 per hour effective July 24.
Continue Reading Final Increase to Federal Minimum Wage in Effect Pursuant to the Fair Minimum Wage Act of 2007

In July of 2008, Gov. Jindal signed Senate Bill no. 51 into law. Senate Bill no. 51 has been dubbed the “take-your-gun-to-work law.” The new statute took effect on August 15, 2008. The United States 10th Circuit Court of Appeals recently upheld a similar Oklahoma statute.

Louisiana is not the first state in the nation to enact such legislation. Other states with similar laws include Alaska, Kentucky, Mississippi, Georgia, Florida, and Oklahoma. Legal challenges to the statutes followed.Continue Reading Oklahoma Gun Statute Upheld

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the “ARRA”), the comprehensive economic stimulus package. Among its other provisions, the ARRA includes an extension of the right to elect COBRA coverage, a reduction in COBRA premiums for eligible participants, and new notice obligations for employers.
Continue Reading American Recovery and Reinvestment Act of 2009: New COBRA Rights and Obligations

One likely result of the recent Presidential and Congressional elections is that the executive and legislative branches will be open to pushing the legislative agendas of organized labor.  There is little doubt that the proposed Employee Free Choice Act, H.R. 800, 110th Cong. (2007)(“EFCA”) is at the top of this legislative agenda.  The EFCA is something to which employers should pay serious attention.  If enacted, the EFCA would make it easier for employees to form, join, or assist labor organizations and would provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes.  Moreover, if enacted, certain unions are already estimating that they will be able to organize millions of new workers.
Continue Reading Employee Free Choice Act

On Thursday, November 8, The New York Times reported that the U.S. House of Representatives passed the Employment Nondiscrimination Act. The Act grants gays and lesbians protections from discrimination in the workplace. The New York Times also reported that Senator Edward Kennedy would introduce similar legislation in the Senate, and that Senator Susan Collins said that she would be a lead co-sponsor.
Continue Reading Federal Protection for Gays and Lesbians Forthcoming?

As a myriad of new state laws go into effect, employers are reminded of the Louisiana Smokefree Air Act and La. R.S. 23:966.

The Louisiana Smokefree Air Act took effect January 1, 2007, and applies not only to public buildings, schools, and restaurants, but also applies to Louisiana employers. One of the Act’s stated purposes is to “protect non-smokers from involuntary exposure to secondhand smoke in . . . places of employment.”Continue Reading Smoking Laws

On March 1, 2007, the United States House of Representatives passed the “Employee Free Choice Act of 2007.” The bill passed by a 56 vote margin. The bill was sponsored by Rep. George Miller (D) of California. Louisiana Reps. William Jefferson (D) and Charlie Melancon (D) were two of the bill’s 233 co-sponsors. Only seven House Republicans joined as co-sponsors. Thirteen Republicans joined House Democrats in voting for the bill, and two Democrats voted against it. Sen. Ted Kennedy (D) of Massachusetts is expected to introduce similar legislation in the Senate. Sen. Mitch McConnell (R) of Kentucky pledged to fight the bill. Pres. George Bush is expected to veto the bill should it pass the Senate.

So what is the Employee Free Choice Act of 2007? What’s the big deal?

The Employee Free Choice Act of 2007 amends the National Labor Relations Act (which was last amended nearly 70 years ago) and provides new, more relaxed, rules for the selection of an employees’ collective bargaining representative (i.e., unions).Continue Reading IS A CHANGE IN THE NATIONAL LABOR RELATIONS ACT ON THE HORIZON?