SLF LABOR AND EMPLOYMENT ALERT      July 2007

New Florida Law Requires Leave for Victims of Domestic Violence

As of July 1, 2007, employers who employ 50 or more employees are subject to a new State law that requires employers to provide leave to employees who are victims of domestic violence. Under this law, affected employees are eligible for up to three days of unpaid leave in any 12-month period if the employee, or a family or household member of the employee, is a victim of domestic violence. Eligible employees may take leave for certain specific issues and events arising out of domestic violence. Additionally, employers are prohibited from interfering with, restraining and denying the exercise or attempt to exercise leave rights provided by the law.

Employers who are covered by this law are encouraged to amend their employee handbooks to add this form of leave to their operating procedures and distribute the new policy to current and new employees. This new statute will be codified at Section 741.313, Florida Statutes, and may be viewed at http://election.dos.state.fl.us/laws/07laws/ch_2007-107.pdf.

EEOC Amends Regulations on Age Bias Claims

This month, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued revised regulations regarding age bias claims. These new regulations are designed to comport with the U.S. Supreme Court’s 2004 decision in General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581 (2004). In Cline, the Supreme Court held that employers may favor older employees over younger ones, even when both employees are protected by the Age Discrimination in Employment Act (“ADEA”) (that is, both are over 40). The EEOC’s new regulations, which may be found at http://edocket.access.gpo.gov/2007/E7-13051.htm, deletes language contained in prior regulations that conflicts with the Cline decision and clarifies that the ADEA does not prohibit employers from favoring relatively older individuals.

In Cline, a group of employees between the ages of 40 and 49 sued under the ADEA when the defendant-employer eliminated future obligations to pay retiree health benefits for any employee who is under 50 years old. The Supreme Court found that the ADEA only prohibited discrimination “because of age,” which is limited to discrimination that favors younger workers, not employer actions that put older workers in a more favorable position.

Employee Free Choice Act Defeated

Organized labor suffered a setback when the U.S. Senate refused to pass the Employee Free Choice Act. This law would have allowed unions to become the certified bargaining agents of employees without the need for an election if a majority of the employees signed union cards. While it is doubtful that organized labor will cease its efforts in gaining passage of the Act, for the time being, it will not become law.

You may view past issues of the SLF Labor and Employment Alert on the Firm’s website: www.sniffenlaw.com. After entering the Firm’s website, click on the “Publications” page.

 

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