Greater Miami SHRM / Greater Miami Society for Human Resource Management

LEGISLATIVE AFFAIRS

GMSHRM's legislative affairs committee seeks to bring you the latest legal news through updates that will be posted on this page, as well as through GMSHRM's annual full-day Legal Update seminar.

Ask Andy: New Employment Law Column
Do you have an employment law question that you would like to have answered but have not found the time to research or discuss with colleagues? Well, just "Ask Andy," a labor and employment law attorney who is also GMSHRM Director of Legislative Affairs.

The rapidly changing workforce and the promulgation of new or revised federal, state, and local laws often present challenging issues for Human Resource professionals. It is often necessary for Human Resource professionals to research such issues, or to discuss the issues with colleagues. Unfortunately, your days are only so long, and questions often go unanswered.

Here is your opportunity to ask your employment law question to Andy Rodman, a labor and employment law attorney at the firm Stearns Weaver, and our Legislative Affairs Director. Click on the following link to submit an anonymous question to Ask Andy. He will pick one or more questions to post and answer on this webpage. If your question is chosen, Andy will not disclose on the webpage your name, your company's name, or any other identifying information. Once your question and Andy's answer are posted, other GMSHRM members will be able to "chime-in" and comment. The idea is to provide a forum for a dialogue among Human Resource professionals. Give it a try today.

To learn more about GMSHRM Legal Forum Initiatives, click here.

GMSHRM Legal Update
Coming in September 2010. GMSHRM Fall Legal Update
The Society for Human Resource Management (GMSHRM) is proud to present its Fall 2010 Legal Update, a seminar focusing on significant legal issues facing Human Resource professionals in today’s workplace. Our speakers are well-known labor and employment attorneys, all of whom understand the challenges facing Human Resource professionals in our highly complex and constantly changing world of "HR Law".

Federal Legislative Alert!
The U.S. Department of Labor (DOL) issued a final rule to update the Family and Medical Leave Act (FMLA) regulations. The final rule addresses various issues raised in court cases interpreting the FMLA, as well as implementation of the new military leave law. The text of the final FMLA rule is available at this link http://edocket.access.gpo.gov/2008/pdf/E8-26577.pdf.

The rule marks the first significant overhaul of FMLA regulations and implementation since its enactment over 15 years ago. Additionally, the regulation provides guidance on implementation of the new military leave benefit that was enacted as part of the 2008 National Defense Authorization Act. As Chair of the National Coalition to Protect Family Leave, SHRM has led the employer community's efforts to update and clarify the FMLA regulations. This final regulation incorporates many of the modifications that SHRM has advocated over the years.

Examples of these changes include: Employee Notice - The new regulation requires employees to follow the employer's usual and customary call-in procedures for reporting an absence, absent unusual circumstances. Medical Certification Process - The final rule recognizes the applicability of the Health Insurance Portability and Accountability Act privacy rule to communication between employers and employees' health care providers. The new rule specifically allows HR professionals to contact an employee's health care provider for the sole purpose of clarifying a medical certification. Employer Notice Requirement - The final rule extends the time for employers to provide various notices under the Act from two business days to five business days.

SHRM has reviewed the final rule and produced a summary and other documents to help you understand the changes to FMLA implementation. In addition, SHRM featured a webcast that covered these changes on December 3, 2008. Visit http://www.shrm.org/login.asp?clickth=http://www.shrm.org/webcast/08december/fmla.asp and register to view this webcast.

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