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Employment Law Alert: COBRA, FMLA, Ledbetter & BOLI

 
Been keeping up with the barrage of employment law changes in the news?  Some are just potential changes, like the current movement to amend Oregon’s disability laws to stay in step with the recently-expanded Americans with Disabilities Act.  Some changes, however, are now enacted into law. 

Here is a round-up of news and resources concerning some of the more significant state and federal employment law developments that recently made it into law:
 
Watch that Slippery Snake: Keeping up with COBRA Changes
Cobra.jpgUnder the Consolidated Omnibus Budget Reconciliation Act (COBRA), most employers must provide group health plan continuation coverage upon certain events.  The American Recovery and Reinvestment Act of 2009 recently changed how that coverage is offered to individuals who lose group health plan coverage due to an involuntary termination or reduction of hours from September 1, 2008 to December 31, 2009.

Watch the details:  some employers will have to cover 65 percent of the employee’s premium, but are entitled to a refundable credit toward payroll taxes.  Call your employment lawyer for more information, or read the Department of Labor's new questions and answers on COBRA.  You can also download the new model notices.
 
 
Medical Leave Laws on the Move
Crutch.jpgOregon’s Bureau of Labor and Industries is still looking at regulatory changes to the Oregon Family Leave Act (OFLA), in light of the recently-revised federal Family and Medical Leave Act (FMLA). 

In the meantime, are you staying on top of the differences between OFLA and the newly-enacted FMLA regulations?  Check out BOLI’s OFLA/FMLA comparison chart , as well as its brief on implementing OFLA in light of the new FMLA rules.
 
You'd Better Remember Ledbetter
Money.jpgEarlier this year, President Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009. 
It significantly expands the potential scope of employee wage discrimination claims.  For more details on the change and what to do next, check out this recent article from Karnopp Petersen’s own Jon Napier. 
 
BOLI Loosens Up on Lunch (a Little)
Lunch.jpgOn January 12, 2009, the Oregon Bureau of Labor and Industries (BOLI) issued a new rule, clarifying some exceptions to the otherwise-required 30-minute meal period.  While the basic requirements for meal periods remain unchanged, the new rule clarifies exceptions including unforeseeable circumstances, such as equipment failures; the situation where relieving an employee of all duties would impose an “undue hardship” on the operation of the business; and more.  For more details, check out BOLI’s press release on the new regulations, or see your employment lawyer.
 
If you have any questions about workplace issues, contact a Karnopp Petersen employment attorney at 541-382-3011 or at the following email addresses: Ron Roome (rlr@karnopp.com); Jon Napier (jjn@karnopp.com); or Kurt Barker (keb@karnopp.com). 

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This article is for informational purposes only, and does not contain legal advice.  Please consult with your lawyer for advice, or for a legal opinion about specific facts or circumstances.