Labor Law Update

1. Labor Law Update AHIA – October 16, 2009 Presented by: Jim Zuehl David Comeaux

2. EFCA – Current Form • Card Check recognition • No secret ballot election • First Contract Arbitration • Mediation if no contract in 90 days • Arbitration after 30 days mediation • Enhanced Penalties on Employers for ULPs

3. EFCA Proposed Amendments • Quickie Elections • 5-day or 10-days from notice • equal time and access to employees • First Contract Arbitration • “Last Best Offer” arbitration • Same time frames • Enhanced Penalties on Employers

4. Other Near-Term Proposals • Arbitration Fairness Act S.931/H.R. 1020 • Prohibit pre-dispute mandatory arbitration • Employment • Consumer • Franchise

5. Other Near-Term Proposals • Protecting Older Workers Against Discrimination Act (S.1760/H.R. 3721) • Overturn Gross v. FBL Financial Servs. • No mixed motive instruction

6. Recent New Laws • ADA Amendments Act • New Regulations • FMLA Amendments • New Regulations

7. FMLA Regulations • Update & Clarify previous Regs • Implement Military Caregiver and Active Duty Leave

8. FMLA – Military • Caregiver Leave • Family members of covered service members • Up to 26 workweeks • Care for service member with serious illness or injury incurred in line of active duty.

9. FMLA – Military • Active Duty Leave • Employee with family member in National Guard or Reserves • Up to 12 Weeks of FMLA Leave • Qualifying Exigencies

10. Lilly Ledbetter Fair Pay Act • Obama’s First Law • Reverses Ledbetter v. Goodyear case • Every paycheck is a new discriminatory act • Effect: Must review practices for decisions made decades ago.

11. Labor Law Update AHIA – October 16, 2009 Presented by: Jim Zuehl David Comeaux