Five Major Developments in Employment Law


by Kelly Baier, Attorney

March 2009 -- The following five major developments in employment law have occurred since January 1, 2009:

  1. The Americans with Disabilities Act Amendments Act became effective January 1, 2009. It greatly expands the definition of disability. As a result, the reasonable accommodation of disabilities will become much more important in employment matters.
  2. New regulations regarding the Family and Medical Leave Act became effective January 16, 2009. The regulations set forth the requirements for the new service member leave (unpaid leave for up to 26 weeks) and the new qualifying exigency leave. The regulations also make other changes in Family and Medical Leave.
  3. On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act. The Act applies retroactively back to May 27, 2007. The Act resets the statute of limitations for discriminatory pay practices.
  4. Employees continuing their group health insurance benefits pursuant to COBRA after February 17, 2009, will generally be required to pay only 35% of the cost of COBRA coverage. Employers will provide the 65% subsidy and may receive credit for the subsidy on its employment tax return.
  5. On March 10, 2009, the Employee Free Choice Act of 2009 was introduced in both the Senate and the House. The Act would essentially eliminate the use of secret ballot elections to determine whether employees choose to be represented by a union. The bill also would require interest arbitration if an initial collective bargaining agreement is not negotiated within 120 days of the first request for negotiation of an agreement.