Wednesday, December 11, 2013

Major Changes List for 2014

The Federal poster has no changes for 2014, but many states do.  There are a total of 17 states that have major/mandatory change(s) to their posting requirements:

Arizona - Minimum Wage
California - Discrimination & Harassment in Employment
Connecticut - Minimum Wage
Florida - Minimum Wage
Hawaii - Breastfeeding in the Workplace (new posting)
Louisiana - Earned Income Credit
Massachusetts - Fair Employment/Discrimination
Missouri - Minimum Wage
Montana - Minimum Wage
New Jersey - Minimum Wage
New York - Minimum Wage
North Carolina - Unemployment Insurance
Ohio - Minimum Wage
Oregon - Minimum Wage
Rhode Island - Minimum Wage
Vermont - Minimum Wage
Washington - Minimum Wage

To ensure you have the required postings for 2014 you may preorder your 2014 State and Federal Labor Law Posters.

Wednesday, November 13, 2013

Labor Law Posters On Hold

In just a couple days National Safety Compliance will be placing their labor law posters on hold.  Every year on November 15th, they place the posters on hold to ensure anyone ordering will receive the new year's labor law posters. If you are needing a poster immediately, they will have a web page that has the current 2013 version of these posters.

Also, Louisiana has been added to the Major change list of posters.  The Louisiana Earned Income Credit posting is expected to change for 2014.  As most years, this posting is expected to be released late January 2014. 

Missouri Minimum Wage is also expected to change for January 1, 2014.

For your information National Safety Compliance also publishes a list online of all states and their most recent Major change.  Make sure you remain up-to-date to ensure compliance with state and federal posting requirements.

Tuesday, October 22, 2013

2014 Minimum Wage Changes

National Safety Compliance has released its first round of Major Changes for 2014.  Every year there is a significant number of states that regularly change their Minimum Wage.  This year NSC has confirmed already that the following states will have a Major Change, mandating an updated poster:
Arizona
Connecticut
Florida
Montana
Ohio
Oregon
Rhode Island
Washington

There are several other states that we already anticipate will have a Major Change to the Minimum Wage Posting.  We will release those at a later date, when the law / posting change is confirmed.

Please visit us online to preorder the 2014 Labor Law Posters

Tuesday, October 15, 2013

2014 Labor Law Posters

To ensure employers have the option to purchase labor law posters that will be valid on January 1, 2014, National Safety Compliance has published a web page specifically for employers to preorder the 2014 Federal Labor Law Poster - Laminated and also 2014 State Labor Law Poster - Laminated.  These posters are available at the usual, great low price of just $10.95, and they include a double-sided, encapsulated lamination of the poster(s).

NSC's labor law posters are available for purchase online at www.laborlawposter.us
Specifically you are able to preorder the 2014 Labor Law Posters also.

Wednesday, October 9, 2013

New Jersey Releases New Posting

The New Jersey Department of Labor and Workforce Development has released a new posting concerning the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). This Act provided certain eligible employees protection concerning leave to address circumstances resulting from domestic violence or a sexually violent offense.

This required posting has been included in the New Jersey Labor Law Poster - Laminated that is provided by National Safety Compliance, and it may be ordered online at www.laborlawposter.us or by contacting Customer Service at 877-922-7233 at a very reasonable price.

Friday, October 4, 2013

Maryland Pregnancy Discrimination

As we continue to watch for any major changes for the new year, 2014, we have located a Major change for Maryland.  The Maryland Civil Rights Commission has released a new posting that is mandatory to be posted.  This posting provides the employee with information regarding their rights as a pregnant employee. 

National Safety Compliance is making the necessary change(s) to their Maryland Labor Law Poster and will be available to ship very soon.  They are currently taking orders online for this poster, along with the Federal Labor Law Poster and any other state posters.  You may place your order online at www.laborlawposter.us or contact Customer Service at 1-877-922-7233

Wednesday, October 2, 2013

California Safety & Health Cal/OSHA Posting

The changes are minor.  The changes were not even published on CA website:

Address and phone number changes only -
Phone number for Bakersfield
Suite number for Los Angeles
Suite number for Oakland - added a hyphen
Suite number for Sacramento

Cal/OSHA revised the date of the posting at the bottom, even though these were not Major changes.

Tuesday, August 20, 2013

Texas Labor Law Posting Change

The Texas Ombudsman posting has been updated with more clear wording.  There has been no law changes to mandate a new poster to be posted, but the Texas Office of Injured Employee Counsel (OIEC) has released a new posting with a revision date of September 1, 2013.

In addition to making the text more understandable for the reader/employee, they have added more information about posting requirements in the footer and the web address has been updated.

Wednesday, August 7, 2013

Georgia and West Virginia Minor Changes

Even at this time of year there are changes being made to various required postings.  The majority of posting changes are effective January 1st and the public is made aware of these usually a couple months in advance.  As we get ready for the busy "labor law season" for November and December, we do not want to miss the changes that are occurring around us.

Georgia has made a minor change to its Workers' Compensation Bill of Rights.  They changed the maximum benefits based on another cost of living calculation.  They also removed the toll-free phone number listed for the Lawyer Referral Service.

Even less significant of a change was West Virginia changing the wording on the Wage Payment Collection posting.

Stay tuned to anymore changes in labor law postings across the United States.  If you are in need of the Federal Labor Law postings or your State Labor Law postings, National Safety Compliance has very reasonable prices.

Friday, August 2, 2013

ifth Circuit Rules for the EEOC in Age and Disability Discrimination Lawsuit

Federal Appellate Court Says Trial Court Erred In Granting Summary Judgment; Case Will Be Returned To Lower Court For A Trial On The Merits 

HOUSTON - In a unanimous decision issued on Friday, July 26, 2013, the U. S. Court of Appeals for the Fifth Circuit reversed a Beaumont, Texas, trial court judge's grant of summary judgment in favor of DynMcDermott Petroleum Operations Company (DM), a federal contractor, the U.S. Equal Employment Opportunity Commission (EEOC) announced.  The EEOC had sued the company, alleging that it discriminated against an applicant on the basis of age and disability.

The Fifth Circuit found that genuine issues of material fact precluded summary judgment in favor of DM.  It returned the lawsuit to the trial court for a trial on the merits. (EEOC v. DynMcDermott Petroleum Operations Company, No. 12-40424, on appeal from the United States District Court for the Eastern District of Texas, USDC No.1:10-CV-510).

The Fifth Circuit recounted the facts of the case in its decision.  DM is a privately-held corporation that provides maintenance and operations services for the Strategic Petroleum Reserve managed by the U.S. Department of Energy. Phillip "Mike" Swafford, a former planner/scheduler for DM, was recommended for an open planner/scheduler position at DM's facility in Winnie, Texas, by both his former supervisor and the manager in charge of hiring for the position. 

According to the opinion, despite these recommendations, the facility's director, who had direct supervisory authority over the hiring manager, repeatedly stated that Swafford should not be hired because of his age, then 56 years, and his wife's cancer, which the facility's director assumed would interfere with Swafford's ability to perform his job duties.  The Court noted that the director's discriminatory statements were made both verbally and in writing in emails to company officials in New Orleans, including his supervisor, the Human Resources Director, the CEO and the company's General Counsel. 

The director also threatened the hiring manager with disciplinary action for the hiring manager's "insubordination" related to the prospective hiring of Swafford.  Subsequently, the hiring manager hired a 35-year-old applicant with no prior experience with the company or its program-specific software. 
Such alleged conduct would violate Title I of the Americans With Disabilities Act (ADA), which prohibits discrimination against individuals because of their association with people with disabilities; and the Age Discrimination in Employment Act (ADEA).   The EEOC brought a lawsuit in 2010, after first attempting to settle the matter through its conciliation process.

The district court in Beaumont granted summary judgment for DM, holding that no genuine issues of material fact existed with regard to the EEOC's claims of age and disability discrimination. 
The Fifth Circuit reversed that decision and held that the district court erred in granting summary judgment to DM on the EEOC's claims for discrimination under the ADEA and the ADA and for liquidated and punitive damages.   The Fifth Circuit concluded that the evidence is such that a reasonable jury could return a verdict for the EEOC, finding that, but for Swafford's age and/or disabled wife, DM would have hired him.
"We very much appreciate the careful scrutiny that the court of appeals gave to the facts and arguments in the case," said Barbara Sloan, the EEOC attorney handling the appeal.

Connie Wilhite, EEOC senior trial attorney and the agency's attorney in charge of the case at the trial court level, added, "The Fifth Circuit held that the record evidence would support the EEOC's version of the facts that the site director and the alleged decision-maker violated the ADA and ADEA with regard to Mr. Swafford, while knowing that their actions were illegal.  Such facts rendered the case inappropriate for judgment without trial."

Tuesday, July 23, 2013

EEO-1 Survey for 2013

EEO-1 Survey for 2013

Private  Sector Employers Must Provide Workforce Data to EEOC by Sept. 30

WASHINGTON -- The Equal Employment Opportunity Commission (EEOC)  announced today that it has completed its mailing of the 2013 EEO-1 survey Notification  Letters. The EEO-1 is an annual survey  that requires all private employers with 100 or more employees, and federal government contractors or first-tier subcontractors with 50 or more employees and a contract or subcontract of $50,000 or more, to file the EEO-1  report. The filing of the EEO-1 report  is not voluntary, but is required by federal law. The filing deadline this year is Sept. 30,  2013.

The EEO-1 report provides valuable employment data by  race/ethnicity, gender and job categories, and is used by researchers, private  attorneys and human resource staff as well as in the EEOC's enforcement of  Title VII of the Civil Rights Act.

Employers who meet the criteria listed above and have not  received the 2013 EEO-1 Notification Letter by the end of July 2013 should  immediately contact the EEO-1 Joint Reporting Committee at 866-286-6440  (toll-free) or e-mail at e1.techassistance@eeoc.gov. They may also contact the EEO-1 Joint  Reporting Committee if the company filed the EEO-1 report in 2012 and they did  not receive the 2013 EEO-1 Notification Letter.  If anyone has any questions about the EEO-1  survey, they should contact the EEO-1 Joint Reporting Committee at 866-286-6440  (toll-free) or by e-mail at e1.techassistance@eeoc.gov.
"This year we  are stressing efforts to make it easier for employers to file by enhancing our  website and developing more technical assistance guidance," pointed out Deidre  M. Flippen, director of the EEOC's Office of Research, Information and Planning  (ORIP). "We are prepared to assist  employers meet the Sept. 30 deadline."

See the EEOC's EEO-1 survey website for EEO-1 reference  documents, i.e. the sample form, instructions, Q&As, Fact Sheet and EEO-1  Job Classification Guide. The website  address is http://www.eeoc.gov/eeo1survey.

The EEOC  enforces federal laws prohibiting employment discrimination in the public and  private sectors. Further information  about the EEOC is available online at www.eeoc.gov.

Wednesday, July 17, 2013

Pennsyvlania Unemployment Insurance Change

There are some changes that mandate a revise poster to be posted.  Many changes are made that do not effect the laws and regulations and therefore do not require an employer to immediately reflect the newest revised posting.  Even though these Minor changes do not mandate a company update their postings, many employers update as often as possible to ensure no fines will come.

The Pennsylvania Department of Labor & Industry, Office of Unemployment Compensation Benefits has removed some minor information from its Unemployment Insurance posting that is required for all private employers.  There was no change to any laws or regulations and therefore is a Minor change. The posting also reflects the revision date of April 2013.

If you are in need of the most updated Labor Law Posters, please contact National Safety Compliance at www.laborlawposter.us

Friday, July 12, 2013

California Labor Law Poster - FMLA

The most common question asked to ensure accurate Labor Law Posters is "Do you have fewer than 50 employees, or do you have 50 or more?"  This question is asked to ensure the California Labor Law Poster is shipped with the correct CA Family Medical Leave Act posting for your facility.  The Federal Labor Law Poster contains the Federal Family Medical Leave Act posting but the state of California Department of Fair Employment and Housing has also provided a posting specific for pregnant employees.

If an employer has between 5 and 50 employees, they are bound by law to provide certain rights to pregnant individuals.  Many Labor Law Poster suppliers do not ask this question and therefore compromise employers compliance with the laws of California.  If this question is not satisfied, the incorrect posting could be published for employees, and the individual postings do not have any identification as to whether the rights apply to the larger employers or not.

To ensure you have the correct updated postings for the state of California, please contact National Safety Compliance Customer Service at 1-877-922-7233

Friday, June 21, 2013

EEOC Issues Final Rule Revising Freedom of Information Act Regulations

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) issued a Final Rule today revising certain provisions of its Freedom of Information Act (FOIA) regulations.  EEOC's revised FOIA regulations, 29 CFR Part 1610 ("Availability of Records"), incorporate provisions of the Openness Promotes Effectiveness in Our National Government Act of 2007 (OPEN Government Act), and the Electronic FOIA Act of 1996 (E-FOIA Act).  The Final Rule also reflects the Commission's transfer of FOIA responsibility from its Regional Attorneys to its District Directors.  The rule was published in the Federal Register on June 19, 2013.

Pursuant to the OPEN Government Act, the Final Rule requires the Commission to observe FOIA response time deadlines even when a FOIA request is received by the wrong office.  Also in accordance with the OPEN Government Act, the Commission will issue acknowledgement letters upon receipt of all FOIA requests.  Consistent with EEOC's current practice, the Final Rule provides that EEOC will include in its appeal determinations information about the mediation services provided by the Office of Government Information Services.

As required by the E-FOIA Act, information produced by EEOC pursuant to FOIA will be made available in electronic format.  In addition, the Final Rule creates an internal multi-track FOIA processing procedure as permitted by the E-FOIA Act.  The Final Rule also clarifies that FOIA appeals can be filed with EEOC by mail, fax, or electronically.  In addition, to enable EEOC to more efficiently process requests for charge files made after a right-to-sue letter has expired, a new provision requires that the requestor include with the FOIA request a stamped copy of the relevant civil action.   Finally, the Final Rule consolidates EEOC's public reading area services in its Headquarters and District Offices.

Tuesday, June 11, 2013

E-verify and the state of Georgia

We recently had an inquiry regarding the E-Verify Posting in Georgia.  When an employer uses the E-Verify I-9 system with the INS, they are provided the option to download and use the E-Verify posting.  Georgia's law regarding this has changed slightly over the years.  The following is a brief timeline of how the law has changed:

In 2011, Georgia passed a bill that requires private employers to use E-Verify to check the employment eligibility of new hires. Public employers were already required to, enacted in 2009.

On Jan 1, 2012, employers with more than 500 employees were required to use it.

On July 1, 2012, employers with more than 100 employees were required to use it.

On July 1, 2013, employers with 10 or more employees are required to use it.


If you do not download the E-Verify posting from the INS web site at registration, it is available from National Safety Compliance at http://www.laborlawposter.us/state/Federal.html

Wednesday, June 5, 2013

Pennsylvania Unemployment Insurance Posting

Mandatory Postings for Pennsylvania Employers

Pennsylvania employers are required to post certain notices in their worksites so employees have access to and information about applicable labor laws. These postings, included in the poster provided online at pennsylvania.laborlawposter.us, are required to be posted by employers and contact information should you require additional information.
All notices must be posted in a conspicuous place so that they can be seen and read by employees. Failure to post notices can result in stiff penalties and possible fines. In addition to the notices, all government agencies and private employers with government contracts over $25,000 are required to publish and post an anti-drug policy statement in accordance with the Drug-Free Workplace Act of 1998.

The Pennsylvania Department of Labor & Industry, Office of Unemployment Compensation Benefits has released an updated posting in April 2013.  This posting is only applicable to Public employers and only has minor changes compared to the previous posting required.  There have been no law changes that would mandate an updated poster.

Friday, May 24, 2013

EEOC's Jackson Office and Mexican Consolute sign agreement

PRESS RELEASE
5-21-13

EEOC's Jackson Office and Mexican Consulate Sign Historic Outreach Agreement

Agreement Establishes Ongoing Collaborative Relationship to Combat Discrimination

JACKSON, Miss. - The Birmingham District of the U.S. Equal Employment Opportunity Commission (EEOC) will sign a Memorandum of Understanding (MOU) with the New Orleans Consulate of Mexico at the EEOC's Jackson Area Office in Jackson on May 23.  The agreement establishes an ongoing collaborative relationship between these two entities to provide Mexican nationals with information, guidance, and access to resources on the prevention of discrimination in the workplace, regardless of documentation status.  Andrea GarcĂ­a Guerra, consul general of Mexico in New Orleans, and Delner Franklin-Thomas, director of the EEOC's Birmingham District, will sign the agreement.

"This pact will enhance and carry forward both entities' missions - promoting employment justice and protecting people's basic human rights," said Franklin-Thomas.

Under the terms of the MOU, the EEOC will expand its cooperation with the Mexican Consulate, providing it with Spanish-language materials explaining the laws enforced by the EEOC.  The EEOC will also provide representatives to meet with Mexican nationals in Mississippi in order to disseminate information and conduct counseling regarding employment discrimination matters.

The EEOC and the Mexican Consulate will work together regularly to provide information regarding workplace discrimination on Spanish-language radio stations throughout their respective jurisdictions.
The Mexican Consulate in New Orleans provides services to preserve the rights of Mexican nationals residing in Mississippi and Louisiana.  The EEOC is responsible for enforcing federal laws prohibiting discrimination in employment.  The EEOC's Birmingham District includes Alabama, Mississippi (except 17 northern counties) and the Florida Panhandle.

Thursday, May 16, 2013

NLRB Posting

As mentioned in the previous post, the requirement for most private sector employers to post the "Employee Rights" posting by the National Labor Relations Board has been determined to be an infraction of the employer's First Amendment Rights.  Employers are still allowed to post the posting, but are not required.  For this purpose National Safety Compliance offers the NLRB "Employee Rights" Posting as a supplemental poster.  It is free if purchased with a Federal Labor Law Poster, or $2.00 otherwise.

Remember:

"The U.S. Court of Appeals for the District of Columbia said the National Labor Relations Board violated employers' free speech rights in in trying to force them to display the posters or face charges of committing an unfair labor practice." - US News & World Reports

Thursday, May 9, 2013

NLRB Employee Rights Posting Requirement

According to US News & World Reports: "The U.S. Court of Appeals for the District of Columbia said the National Labor Relations Board violated employers' free speech rights in in trying to force them to display the posters or face charges of committing an unfair labor practice."

Ever since the NLRB has required the "Employee Rights" poster to be posted by virtually all employers, it has continued to be challenged in the court system.  The unions seemed to look to this new law to boost union membership since it would put the information readily available to almost all employees in the United States. 

Earlier this year, the same appeals court brought into question hundreds of rulings by the current National Labor Relations Board after learning that President Obama's recess appointments to the board were ruled unconstitutional. The Obama Administration is appealing that decision to the U.S. Supreme Court.

The poster rule would have required more than 6 million businesses to display an 11-by-17-inch notice in a prominent location explaining the rights of workers to join a union and bargain collectively to improve wages and working conditions. The posters also made clear that workers have a right not to join a union or be coerced by union officials.

The National Association of Manufacturers, U.S. Chamber of Commerce and other business groups complained that the regulation violated free speech rights by forcing employers to display labor laws in a way that some believed was too skewed in favor of unionization.
A three-judge panel of the court agreed, ruling that the National Labor Relations Act protects the rights of employers not to publish the government's poster if they find the language in it objectionable. That protection is similar to the First Amendment freedom of speech, said Judge A. Raymond Randolph, who was appointed to the court in 1990 by President George H.W. Bush.
"First Amendment law acknowledges this apparent truth: all speech inherently involves choices of what to say and what to leave unsaid," Randolph said.
Randolph's decision was joined by Karen LeCraft Henderson, also a Bush appointee, and Janice Rogers Brown, who was appointed by Bush's son, President George W. Bush.
"Today, manufacturers claim an important victory in the fight against an activist NLRB and its aggressive agenda," said National Association of Manufacturers President and CEO Jay Timmons. "The poster rule is a prime example of a government agency that seeks to fundamentally change the way employers and employees communicate."
A labor board spokesman did not immediately respond to a request for comment. The board had argued that the rule was needed because many workers — including recent immigrants, high school students and other employees in nonunion workplaces — were not aware of their right to engage in collective bargaining.
Unions said the posters were needed to address widespread misunderstandings about labor law and many workers' fear of exercising their rights under it.
The rule was supposed to take effect last year, but the appeals court had blocked it after lower courts split on whether the rule was valid. A federal judge in Washington, D.C., found the poster rule was acceptable, but limited how it could be enforced. Another federal judge in South Carolina said the labor board exceeded congressional authority when it approved the poster requirement in 2011.
In response to this court decision, National Safety Compliance is no longer sending the supplemental posting with all Federal Labor Law Poster orders.  It is, however, available for free with the purchase of the Federal Labor Law Poster, or available by itself for only $2.00 with 2-sided lamination.

For more information, please feel free to contact National Safety Compliance.

Friday, May 3, 2013

Kansas Department of Labor Releases New Workers' Comp Posting

Senate Bill 187, regarding Workers Compensation. The new law reduces time employees have to report workplace accidents to 20 days. Employers are required to post the new requirements. A summary of the changes are as follows:

 Workers Compensation and Employment Security Boards Nominating Committee; Qualifications for Injury Compensation Claims; ALJ Recusal; Evaluation of Physical Impairment; State Workers Compensation Selfinsurance Program; SB 187

SB 187 replaces the Workers Compensation Administrative Law Judge (ALJ) Nominating and Review Committee and the Workers Compensation Board Nominating Committee with a new entity named the Workers Compensation and Employment Security Boards Nominating Committee. The new Committee makes nominations pertaining to positions in the Workers Compensation Division, the Workers Compensation Review Board, and the Employment Security (Unemployment Insurance or UI) Board of Review. The bill also revises provisions of the Workers Compensation Act regarding qualifications for injury compensation claims, the appeals process pertaining to the recusal of an ALJ, the evaluation of physical
impairment, and administrative responsibility for the State Workers Compensation Selfinsurance Program.

Workers Compensation and Employment Security Boards Nominating Committee

The new Nominating Committee has seven members. The following state official and groups will nominate members for the Governor to consider:
● Secretary of Labor (Secretary);
● Kansas Chamber of Commerce;
● National Federation of Independent Businesses;
● Kansas AFL-CIO;
● Kansas State Council of the Society for Human Resource Management;
● Kansas Self-Insurers Association; and
● The Secretary nominates one member from either an employee organization, as defined by KSA 75-4322, or a professional employees’ organization, as defined by KSA 72-5413.

From the persons first nominated, the Governor appoints three members to two-year terms and four members to four-year terms. The Governor appoints subsequent members to four-year terms. No member serves longer than two consecutive terms. If the Governor chose not to appoint a person, the same nominating source replaces the selection by the same process. If a vacancy were to occur on the new Nominating Committee, the respective nominating source has 30 days to nominate another person.

The new Nominating Committee meets as needed. A two-thirds majority of the new Nominating Committee is required to approve an action.

Workers Compensation Administrative Law Judges

The bill increases the annual salary for unclassified ALJ positions, from 75 percent to 85 percent of the annual salary paid to a district judge.

If there is a vacant ALJ position, the new Nominating Committee nominates a person from a list of qualified applicants provided by the Director of the Workers Compensation Division. The Secretary has the discretion to appoint or reject a nomination. In the latter case, the new Nominating Committee nominates another person for the vacancy.

The reappointment process for an ALJ who has served a four-year term is revised. An incumbent ALJ submits an application to the Director of Workers Compensation. The application is forwarded to the Secretary unless the new Nominating Committee decides, by a two-thirds majority vote, to not forward the application. Under previous law, an incumbent ALJ who requested to be reappointed was considered directly by the ALJ Nominating and Review Committee.

The previous ALJ Nominating and Review Committee was composed of two members. The Secretary was required to appoint one person nominated by the Kansas AFL-CIO and the other nominated by the Kansas Chamber of Commerce. Using a list of qualified applicants provided by the Director of Workers  Compensation, the Nominating and Review Committee made a unanimous nomination to the Secretary. The Secretary had the discretion to accept or reject the applicant.

Worker Compensation Appeals Board

Under continuing law, the Workers Compensation Board reviews the decisions, findings, orders, and awards made by the ALJs. The five members of the Workers Compensation Board are required by statute to have a minimum of seven years’ experience practicing law in Kansas. The bill requires Board members to have a minimum of five years of that experience with Workers Compensation law. The bill renames the Board, calling it the Worker Compensation Appeals Board.

The previous Nominating Committee for the Workers Compensation Board was composed of two members. The Secretary of Labor was required to appoint one person nominated by the Kansas AFL-CIO and the other nominated by the Kansas Chamber of Commerce.

UI Board of Review

With regard to a vacancy on the UI Board of Review, the new Nominating Committee submits nominees for the Governor’s consideration. The Governor may choose not to appoint any of the nominees; in that case, the new Nominating Committee nominates another person for the vacancy. Appointees will continue to require confirmation by the Senate. Board members are limited to serving two consecutive terms.

Under previous law, the UI Board of Review was composed of three members appointed to four-year terms. The Kansas AFL-CIO and the Kansas Chamber of Commerce each nominated three persons to the Governor. The Governor then appointed one from each list. After Senate confirmation, the two Board members agreed upon the selection of the third member, who represented the general public.

Qualifications for Workers Compensation

Under the bill, a qualified, injured worker may seek payment from the Workers Compensation Fund if the employer was self-insured with an insufficient letter of credit. In order to be eligible for workers compensation, the bill shortens certain time periods for employees to give notice to the employer of the accident or injury:
● From 30 days to 20 days, starting from the date of the accident or injury due to repetitive trauma; and
● From 20 days to 10 days, starting after the employee’s last day of work for the employer.

Appeals Process for ALJ Recusal

In instances where an ALJ declines a request to recuse the ALJ from hearing a workers compensation case, a party to the hearing may appeal to the Workers Compensation Board. Previously, appeals of this sort were made to county district court. If a majority of the Workers Compensation Board finds sufficient grounds, the Board directs the Director of the Workers Compensation Division to assign another ALJ. If there is no pending claim for compensation, the Board’s decision may be appealed to the Kansas Court of Appeals.

Evaluation of Physical Impairment

Starting on January 1, 2015, physicians are required to use the American Medical Association (AMA) Guides for Evaluation of Permanent Impairment, Sixth Edition, when evaluating the extent of an injured employee’s impairment, rather than the AMA’s fourth edition.

State Workers Compensation Self-insurance Program

The bill transfers responsibility for the State Workers Compensation Self-insurance Program from the Secretary of the Department of Administration to the Secretary of the Kansas Department of Health and Environment (KDHE). The Division of Industrial Health and Safety within the Department of Labor assists KDHE in administering the State Workplace Health and Safety Program for state agencies.

Friday, April 19, 2013

Georgia Department of Labor Releases Updated Posting

The Georgia Department of Labor has released a new version of its "Unemployment Insurance for Employees" required posting.  The GDOL has given the date of 03/13 for this updated posting.  There was no law change to mandate the update in the posting, but the GA Department of Labor has reworded a few things and also updated its office locations.

To ensure you have all the up-to-date required postings for your state, please visit www.laborlawposter.us

Tuesday, April 9, 2013

Changes since January 1, 2013; Minor vs Major Changes!

As we enter the slower season for Labor Law Posting changes, we have over the course of the last couple months made several minor changes to existing postings.  Nebraska has removed the Omaha office location from its Minimum Wage Posting and now only the Lincoln office location is listed.  Nebraska also has a new website address on the Unemployment Insurance posting and a couple of paragraphs of expanded information. Pennsylvania had many changes, but none that reflected a law change:
The changes in the child labor Act posting are minor - there were no law changes. There are some differences in the regulations set forth by the department which promulgates the Child Labor Act, the Bureau of Labor Law Compliance. The posting was restructured to look more like the PA minimum wage posting. There was a large section removed which listed occupations prohibited for minors to work and a chart for minor performers was put in the posting instead.There are 4 places that the number of hours permitted to work changed and 2 places time of day changed.Two of the addresses for the Bureau offices changed. There are several places that are reworded but say the same information.
Tennessee also released a new Unemployment Insurance posting with Minor changes to include new web address (but older one still works), expanded filing information, and new layout design.
These are a few examples of minor changes that do not mandate an updated poster because they are not reflective of changes in the law.  Major changes are changes that occur in the posting(s) because of a change in the law.  When there is a Major change, an employer is required to post the new required information, usually within 30-60 days of the law change.  National Safety Compliance does an excellent job of posting any Major changes to their web site.  Most assuredly, they will provide the same accurate Major labor law changes for 2013.  I will also be attempting to keep you informed on this blog.

Friday, February 15, 2013

Finale of Labor Law Season!

As the season of changes and releases comes to an end.  The Department of Labor, Wage and Hour Division releases an updated FMLA posting that is required by most employers to be posted in a conspicuous location for employees to see.  They have made significant law changes that require the FMLA posting to be updated.  National Safety Compliance has incorporated this new posting into their LP9FED - Federal Labor Law Poster  and are shipping this new update with all orders for the Federal Poster that were placed on February 8, 2013 and later.  The new law and posting are not required until March 8, 2013.

Visit National Safety Compliance online to order your new Federal Labor Law Poster with the updated FMLA posting.