by Rebecca Hudson

Colorado’s new civil union law goes into effect May 1, meaning Colorado joins eight other states that permit civil unions or have similar laws that recognize them. Nine other states and Washington, D.C., allow same-sex marriage.

Under the Colorado Civil Union Act, the state will recognize civil unions entered into by same-sex and opposite-sex couples, granting rights afforded to traditionally married couples. But unlike a marriage, a civil union doesn’t provide federal protections or responsibilities. For example, under the Defense of Marriage Act (DOMA), federal programs define marriage as “between one man and one woman.” If a Colorado employer remains governed by federal law, any benefits it offers won’t be extended to partners in a civil union.

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The Employers Counsel Network (ECN), a group of attorneys from all 50 states, Washington, D.C., and Canada who specialize in employment law matters, is meeting April 24-26 in Alexandria, Virginia, to learn about the latest developments from Congress and the Obama administration that are of importance to employers.  

The attorneys, who represent employers on all types of workplace issues, will hear speakers outline the latest developments affecting employers, including presentations from government officials representing the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), and the National Labor Relations Board (NLRB).

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by Kara Shea

On April 11, Tennessee Governor Bill Haslam signed into law a bill prohibiting local governments from mandating health insurance benefits, leave policies, hourly wage standards, or prevailing wage standards that deviate from existing requirements of state and federal law as a condition of doing business with or within the jurisdiction of the local government.

The new law means that cities and towns in Tennessee may not establish prevailing wages higher than the federal minimum wage and/or state or federal prevailing wages. Any such local laws already on the books (e.g., the living wage ordinances enacted by Memphis and Shelby County a few years ago) are no longer enforceable.

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The U.S. Department of Labor’s (DOL) new budget request pushes programs to help veterans and the long-term unemployed while continuing priorities from previous years, including efforts to fight misclassification of workers as independent contractors.

The DOL’s fiscal year 2014 budget requests $12.1 billion in discretionary funding—money Acting Labor Secretary Seth D. Harris said will be used for investments to create jobs, upgrade workers’ skills, and “make sure Americans can support their families with a decent wage and secure benefits.”

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U.S. Citizenship and Immigration Services (USCIS) has announced that it reached the statutory H-1B visa cap of 65,000 for fiscal year 2014 during the first week of the filing period. This is the first time since 2008 that the cap has been met during the first week.

The H-1B program allows U.S. businesses to employ foreign workers in specialty occupations requiring theoretical or technical expertise (e.g., scientists, engineers, and computer programmers).

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The National Labor Relations Board (NLRB), crippled by a January court ruling against two recess appointees, has the potential to get back to full strength if the Senate confirms nominations President Barack Obama made April 9. Previous attempts to fill the NLRB have failed over congressional opposition to Board actions and Obama’s nominees.

On April 9, Obama nominated Republicans Harry I. Johnson, III, and Philip A. Miscimarra along with Democrat Mark Gaston Pearce. Pearce is the current NLRB chair. His term is set to expire August 27. Johnson and Miscimarra are both management-side employment attorneys.

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by Calvin L. Keith

Portland, Oregon, has become just the fourth U.S. city to require that employers provide sick leave. The new ordinance goes into effect January 1, 2014. Here is a brief summary.

Who is covered?

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by Elaine Young

Employers wanting to hire foreign workers through the H-1B visa program need to be ready to file petitions with U.S. Citizenship and Immigration Services (USCIS) on April 1. U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields. The first possible start date for most H-1B employees is the first day of the federal fiscal year, October 1. Therefore, petitions submitted on April 1, 2013, will apply to the 2014 federal fiscal year, which begins October 1, 2013.

Here’s an overview of what to consider before April 1 and some information about how the H-1B process may change in the future.

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The Colorado Civil Union Act, which takes effect May 1, requires changes in employer-provided insurance plans and makes changes to the state’s workers’ compensation law.

Effective for plans issued, delivered, or renewed on or after January 1, 2014, a party to a civil union may cover his or her partner as a dependent. Employers providing insurance through fully insured plans must offer the same coverage for an employee’s civil union partner that it provides for an employee’s spouse. Unless an employee can claim a civil union partner as an IRS-eligible dependent, the employee must pay federal taxes on the fair market value of group healthcare benefits provided for the partner through a private employer.

The Civil Union Act also affects workers’ compensation by making survivor benefits and wage payments that are available to spouses also available to civil union partners.

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Over the veto of Mayor Michael Bloomberg, New York City will soon have what’s being called the nation’s toughest law against discrimination based on a job applicant’s employment status. The city council passed the law on March 13 despite Bloomberg’s veto. It will take effect in mid-June.

Currently, New Jersey, Oregon, and Washington, D.C., have laws against job advertisements that require applicants to be employed. New York City’s law goes a step further and allows applicants to file a complaint with the city’s Commission on Human Rights (CHR) or file suit if they believe they were rejected because of their unemployed status. Also, the law allows employers to inquire about an applicant’s employment status only if they have a job-related reason for doing so.

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