February 7 marks the end of the public comment period on the Office of Federal Contract Compliance Programs’ (OFCCP) proposed rule that would set a goal for federal contractors to have seven percent of their workforce be made up of people with disabilities.

With the calendar nearing the comment deadline, it’s time for employers with federal contracts to learn what the rule may mean to them. Kathleen J. Raynsford of Fortney & Scott, LLC, in Washington, D.C., outlined the meaning of the proposed regulation in the January issue of Federal Employment Law Insider.

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Will President Barack Obama’s recess appointments to the National Labor Relations Board (NLRB) stand? Some in the business community and Congress hope not, and they’re taking action.

Two House actions have been filed in opposition to the appointments:

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Public-sector employers in California are facing an array of challenges in 2012 — declining revenues, out-of-control costs, fading reserves, and “a slew of bills further hobbling public agencies’ ability to control costs,” according to Jonathan Holtzman, a partner with Renne Sloan Holtzman Sakai LLP in San Francisco. Here’s a look at some new laws affecting California public employers:

• AB 646: This law mandates fact-finding under the Meyers-Milias-Brown Act, a requirement Holtzman says will make it harder for strapped public agencies to address their fiscal problems.
• AB 506: This law requires local public entities to either engage in mediation with all interested parties or declare a fiscal emergency before filing for bankruptcy. Holtzman points out that mediation under AB 506 will add time and expense to the bankruptcy process.
• SB 857: This law abolishes the Public Employee Relations Board’s authority to award damages for an unlawful strike. Holtzman says this law removes a deterrent to public-employee strikes since courts generally also lack the power to award damages for an illegal strike.
• SB 922: This law authorizes public agencies to require project labor agreements (PLAs) for publicly funded construction and forbidding the use of state funding for public construction in jurisdictions that ban PLAs.

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In a unanimous decision, the U.S. Supreme Court has upheld a church’s right under the First Amendment to fire an employee who was a minister despite federal antidiscrimination laws. The case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, marks the first time the Supreme Court has recognized the First Amendment-based ministerial exception to antidiscrimination laws. Federal appeals courts had recognized the exception but not the high court — until now. The exception is rooted in the First Amendment’s protection of religious freedom and ensures that churches and other religious groups can choose their own ministers as they see fit.

The case involved Cheryl Perich, a teacher employed by a congregation of the Lutheran Church — Missouri Synod at its church school. The school employed two classes of teachers: (1) “called” teachers, who completed a course of religious study and attained the title of “minister of religion, commissioned,” and (2) lay teachers, who had no religious training and moreover didn’t have to be Lutheran. Perich, as a called teacher, taught a religion class, led students in daily prayer, took them to chapel services, occasionally led chapel services, and taught secular subjects.

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The calendar now says 2012, but employers may notice that their Family and Medical Leave Act (FMLA) forms from the U.S. Department of Labor (DOL) carry a December 31, 2011, expiration date. What to do? For now, just keep using the old forms.

The DOL’s Wage and Hour Division (WHD) has submitted the forms for medical certification, leave designation, and certification related to service member leave for renewal to the Office of Management and Budget (OMB). Until the OMB approves the documents, you can continue to use the expired forms.

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President Barack Obama’s decision to use recess appointments to keep the National Labor Relations Board (NLRB) from losing its quorum has ignited a firestorm of opposition among lawmakers and business groups.

Obama announced his intent on January 4 to use recess appointments to fill three open NLRB seats. The Board, which is supposed to have five members, had been operating with three since August because terms had ended for two previous members and the Senate hadn’t confirmed Obama’s nominations. The term of another member expired at the end of 2011, meaning the Board was set to lose its quorum and would therefore be unable to act.

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The National Labor Relations Board (NLRB) is again delaying implementation of its rule requiring most employers to display a poster explaining employee rights under the National Labor Relations Act.

The delay comes at the request of the federal court in Washington, D.C., that is hearing a legal challenge regarding the rule. The new implementation date is April 30, 2012.

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On December 21, the National Labor Relations Board (NLRB) announced the adoption of a final rule that is expected to allow quicker union representation elections. The rule was published in the Federal Register on December 22.

The rule, which is to take effect on April 30, 2012, is a scaled down version of amendments proposed last summer. Board proponents of the change say it’s aimed at modernizing the election process and reducing unnecessary litigation. Critics of the rule claim it will deprive employers of the time they need to respond to union-organizing efforts.

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Time is running out to cast your votes in the ABA Journal’s fifth Annual Blawg 100 contest to choose the most popular law blogs. To vote for your favorites, go to abajournal.com/blawg100 by December 30.

The blogs are divided into 12 categories, and voters are allowed 12 votes. But you are allowed to vote more than once in each category.

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by Jonathan C. Sterling

Earlier this year, Connecticut became the first state to enact a law that requires employers to provide paid sick leave for employees. The law takes effect January 1, and the Connecticut Department of Labor recently published guidance on its website to assist employers in complying with the new law. Read the release from CDOL

Which employers are covered?
Generally, the new law requires employers with 50 or more employees to provide paid sick leave to their “service workers,” up to a maximum of 40 hours of leave per year. Under the law, service workers accrue the leave at a rate of one hour of paid sick leave for every 40 hours worked. Service workers hired after January 1 can begin using accrued paid sick leave once they complete 680 hours of employment after their date of hire. Service workers employed before January 1 can begin using accrued paid sick leave once they complete 680 hours of employment after January 1.

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