FMLA update
According to a just issued EEOC private letter ruling, employers cannot put absolute time requirements as to how soon an employee must notify them when they go on leave. In short, when it is not possible to give 30 daysâ?? advance notice, employees must comply with their employers’ internal policies and procedures for requesting leave, as long as it is practicable to do so. Therefore; if an employee has a good reason for not giving notice in accordance with your policies, you should not be taking any negative action against the employee.

DOL’s 2010 Budget
The Department of Labor (DOL’s) proposed budget is requesting to hire approximately 670 new investigators, restoring worker protection staffing to FY 2001 levels. Of the 670, the Wage and Hour Division is expecting to hire 200 new investigators, OSHA, 160 new investigators, and the OFCCP, 213 investigators. Employers need to take steps now to ensure they are in compliance with all applicable federal regulations governing the workplace.

Immigration Law Enforcement
The Department of Homeland Security (DHS) recently issued a press release stating that the agency intends to shift the focus of its worksite enforcement strategy away from illegal workers and towards the criminal prosecution of employers who knowingly hire them.

As a result of this shift in DHSâ??s priorities regarding worksite enforcement, employers should ensure that they have appropriate documentation for current employees and those employers lawfully prepare and maintain the Form I-9, Employment Eligibility Verification, for all newly hired employees. Employers should review their immigration compliance procedures, which should include:
â?¢ Regularly scheduled in-house audits of I-9 records to ensure proper completion and retention and to correct any discrepancies
â?¢ Ongoing training of human resources professionals involved in the I-9 process
â?¢ A procedure for appropriately responding to a Social Security No Match letter, a DHS Notice of Suspect Documents, or other evidence indicating that they might have â??constructive knowledgeâ? that a certain worker does not have work authorization.

Employee Free Choice Act
Some potential good news, at last. Recently, President Obama pronounced that the “card check” is dead, saying that the current Employee Free Choice Act didn’t have the votes to pass but that a “compromise” could work. By compromise, the president meant a version of the bill without card check, the provision obliging employers to recognize unions after a majority of workers have signed cards, rather than after an election.

Federal Contractor E-Verify Rule Delayed Until September 8, 2009
The effective date of the Federal Contractor E-Verify Rule has been postponed once again. The new implementation date is now scheduled to be September 8, 2009 (extended from the most recent scheduled implementation date of June 30, 2009).

The rule requires federal contractors with contracts for services or construction over $100,000 and a performance period over 120 days, to use E-Verify for all newly hired employees and also for current employees working on the contract. It was originally due to take effect on January 15, 2009, but has been postponed several times to allow President Obama’s administration time to review the rule.