The new notice must be posted for all covered government contracts or subcontracts that result from solicitations issued after June 21, 2010.  Go to the DOL’s website  for more specific information about the size and placement of the notice and about possible electronic posting.  Click here to see a sample of the new notice.  Please note that the notice posted must be at least 11″ by 17″.  Covered government contracts will mandate that  the prime contractor require subcontractors performing services or goods under the covered contract for $10,000 or more to also post this notice.

Prime contracts for less then $100,000 or those for work performed exclusively outside the U.S. do not required the posting of  this notice.  The notice requirement does not apply to contracts resulting from solicitations issued prior to June 21, 2010.

This notice has an extensive explanation of workers’ rights to organize and take collective action. It also sets forth examples of  adverse conduct by an employer (or a union) against an employee that would be  unlawful under the NLRA.  It  informs employees of possible remedies that can be ordered by the NLRB to correct unlawful conduct and tells them how to contact the NLRB to file a charge. 

This new Executive Order also revoked an Executive Order by President George W. Bush that federal contractors had to post informing employees of their rights concerning the payment of union dues or fees

Eligible employees who are involuntarily terminated on or before May 31, 2010 can now apply for the 65% COBRA premium subsidy in the event that they exercise their right to continued health insurance coverage under COBRA (or pursuant to a similar state law that provides for coverage continuation).  The US Dept. of Labor has issued a new “Fact Sheet” that should be consulted with respect to any questions that you may have regarding this subject.

A number of questions have arisen concerning what impact, if any, the new Health Care Reform Act may have with respect to COBRA and the COBRA ARRA subsidy law.  The US Dept. of Labor has also issued a publication of  ”Frequently Asked Questions” about this issue.

Legislation is pending in the House and will be introduced in the Senate to extend the current deadline that employees must be involuntarily separated on or before Feb. 28, 2010 in order to be eligible for this subsidy.    The current House version extends the date to June 30, 2010, while President Obama’s recent federal budget submission suggested extending the date to December 31, 2010.   Given continued high unemployment rate reports, it is likely that an extension will be enacted this month.

            The following are some of the key points of this new legislation, which becomes effective December 31, 2009:

            1.)  The subsidy (65% of the COBRA premium which is paid by the federal government through payroll tax credits) will be offered to employees who are involuntarily terminated and become eligible for COBRA before February 28, 2010.

            2.)  The length of time that an individual can receive the COBRA subsidy has been increased from the prior limit of nine (9) months to a new limit of fifteen (15) months.

            3.)  The extension to fifteen (15) months is retroactive to all individuals currently receiving the subsidy and will apply to any individuals whose initial nine (9) month subsidy expired.  

            4.)  The extension is also retroactive to those individuals who lost COBRA coverage because they stopped paying premiums after their nine (9) month subsidy expired.  Those individuals may be able  to re-enroll in COBRA and receive the additional subsidy without any gaps in coverage.  Plan Administrators will need to identify such individuals and send them a notice of their right to this option.

            The U.S. Department of Labor continues to issue: updated Fact Sheet, FAQs, Job Lost Poster and Poster for Employees and new Model Notices.  It is important for employers and plan administrators to carefully review and monitor the situation for any individuals who are or were eligible for the COBRA subsidy or who become eligible for it before February 28, 2010 and to ensure that timely notices of their rights are being sent.  On January 22, 2010, the USDOL held a compliance webcast re the extension of the COBRA subsidy, which you can view by clicking on this archive.

                 An excellent reference source for most questions pertaining to this pandemic  is the federal government’s website http://www.flu.gov., which contains very useful and specific information, as well as links to issues of specific concern to various businesses.

                The U.S. Department of Labor has just issued two sets of questions and answers concerning the impact of the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave Act (“FMLA”) on issues pertaining to employees absences from work and payment to employees who are directly or indirectly affected by the H1N1 flu virus.  Additional guidance is provided by the EEOC with respect to the impact of the Americans with Disabilities Act (“ADA”) on this pandemic situation. 

                As this situation has evolved, the federal government has continued to issue additional information and guidelines, some of which modified prior guidance.   Accordindly, continued monitoring of the main website -  www.flu.gov is advised.

Employers may obtain the new required postings by either :

1. Printing the EEOC’s supplemental posting  and posting it next to the EEOC’s September 2002 “EEO is the Law” poster or the OFCCP’s August 2008 “EEO is the Law” poster, or 
2. Printing and posting  the EEOC’s comprehensive November 2009 version of the “EEO is the Law” poster, or 
3.  If you need multiple copies and/or non-English language versions, ordering the new poster through the EEOC Clearinghouse  (the posters are on “back order” now, but are expected to be available before GINA becomes effective on 11/21/09.)  

            (1)  Eligible employees will be able to take Military Caregiver Leave for covered servicemembers who are veterans undergoing medical treatment, recuperation, or therapy, or who are otherwise in an outpatient status, for a serious injury or illness and who were a member of the Armed Forces (including the National Guard and Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy.   An eligible employee may take up to 26 weeks of leave during a single 12 month period, which commences on the date that the employee first takes such leave.  [Note: Previously, such leave was only available to care for current members of the Armed Forces, Guard, or Reserves.]

            (2)  “Serious illness or injury” is now defined as an injury or illness that was incurred by the member or by a veteran while in the line of duty on active duty in the Armed Forces or which existed before the beginning of the member’s active duty and was aggravated by service in the line of duty while on active duty in the Armed Forces and that may render that member medically unfit to perform the duties of the member’s office, grade, rank, or rating . [Note: These changes have now included veterans as well as certain preexisting conditions that were aggravated while on active duty].

          (3)  Qualifying Exigency Leave will now also cover members of the regular Armed Forces during their deployment to a foreign country.  [Note: Prior to these amendments, Qualifying Exigency Leave was only available for covered military members in the Reserves or Guard when ordered to active duty during the deployment of the member to a foreign country.]

              These changes became effective on October 27, 2009, the date the law was signed  by President Obama.

             Employers should review and revise their FMLA leave policies and practices to reflect these new amendments. 

            Note: A special nod of thanks to the FMLA blog for tipping us off about these important changes that are buried within that massive new defense authorization act.

The U.S. Department of Labor has issued detailed regulations implementing these two new forms of leave for employers with 50 or more employees.  Employers are required to update their FMLA policies, post revised FMLA notices and provide for these two new additional forms of leave for their eligible employees.     For an indepth discussion of these new forms of leaves, see this author’s article  “Leave for Military Family Members – What Employers Need to Know” in this week’s online version of Crain’s Workforce Management and the December 10, 2008 post in this blog..

The U.S. Department of Labor and the Internal Revenue Service have continued to update information concerning this subsidy and employers should check these websites with respect to complying with the mandates of this program.

April 18, 2009 was the deadline for mailing Notices to all employees who have been involuntarily separated since September 1, 2008, whether they elected to take COBRA coverage or not.  The DOL website contains model notices to be sent to former employees, as well as to employees who are involuntarily separated during the remainder of 2009.