(Listed by bill number, bill name, active date, description and impact)
Federal26 CFR Part 54 (Department of Treasury), 29 CFR Part 2590 (Department of Labor) 45 CFR Parts 144, 146 and 148 (Department of Health and Human Services) Interim Final Rules for the sections 101 through 103, Genetic Information Nondiscrimination Act of 2008
Dec. 7, 2009, and Jan. 1, 2010
These final regulations provide rules for implementation of several parts of the Genetic Information Nondiscrimination Act of 2008, which amended the Employee Retirement Income Security Act of 1974. GINA is meant to prohibit discrimination based on genetic information or family medical history by health insurance and group health plans.
Businesses will no longer be able to offer premium incentives to employees that take certain types of health-risk assessments related to family history even if the results are not tied to the savings. Employers need to ensure that plans and associated policies and procedures do not use genetic information.
H.R. 1, American Recovery and Reinvestment Act “Stimulus Package”
Feb. 17, 2009
The $787 billion economic recovery plan includes immediate federal tax cuts and incentives, an expansion of unemployment benefits and other social entitlement programs. Twenty-eight federal agencies received stimulus funds meant to finance contracts, grants and loans with the basic mission to create and save jobs, and spur economic activity and long-term growth.
The bill has the potential to impact business in many ways, including funding for projects, loans and new regulatory compliance mandates. To track funding allocated in the bill, visit www.recovery.gov or www.fedbizopps.gov.
H.R. 2647, Fiscal Year 2010 National Defense Authorization Act
Oct. 28, 2009
This legislation adds additional protections to those listed in the Family Medical Leave Act, which was also broadened last year for the first time in a decade. FMLA and NDAA apply to companies with 50 or more employees and to workers that log at least 1,250 hours in a 12-month period and have worked for the business for a year or more.
In addition to the allowances for leave listed in the FMLA, employers must also provide time off for the following new conditions: up to 12 weeks of leave for the family members of a reservist who is called into active duty and up to 26 weeks of unpaid leave for an employee to care for a family member that is injured serving active military duty. This includes veterans undergoing treatment, recuperation or therapy for a serious injury or illness that occurred up to five years prior to the date of treatment.
H.R. 3548, Worker, Homeownership and Business Assistance Act of 2009
Nov. 6, 2009, and Jan. 1, 2010
The new legislation expands and extends state unemployment pay programs, tax credits for businesses and first-time homebuyer credits and incentives, including several for military families, though it also adds new restrictions.
Businesses that incur tax deficits, also known as net operating losses, receive a tax break. Under the general rule, the loss can be carried back for two years and deducted against taxable income. Also depending on the magnitude of the loss, businesses could qualify for a refund of some or all of the taxes paid for in those years.
Reg. E, Federal Reserve Board, Electronic Fund Transfers Regulation, Electronic Fund Transfer Act
Nov. 12, 2009
This bill implements provisions passed in the previously approved Electronic Fund Transfer Act and clarifies ambiguities related to the use of electronic fund transfers, including the rights and liabilities of the consumer, financial institution and intermediaries.
This rule prohibits banks from charging overdraft fees at ATMs and other debit card transactions without the express consent of the customer to enroll them in the overdraft service. Financial institutions must provide a notice to consumers that explains overdraft services in detail and gives the option to accept or deny the service.
S. 181, Lilly Ledbetter Fair Pay Act of 2009
Jan. 12, 2009
The Lilly Ledbetter Fair Pay Act was the first piece of legislation signed by Pres. Barack Obama, extending rights to seek recourse for alleged pay discrimination based on age, gender or sexual orientation.
The bill expands workers’ rights to sue for equal pay and relaxes the statute of limitations regarding when and for what time period they can file.
StateA.B.X2 5, Employment: Alternative Work Week Schedules
May 21, 2009
This bill broadens the employer's ability to offer alternative work week schedules, including the option to include regular eight-hour work days.
An employer will be able to offer a regular eight-hour day as part of its menu of alternative work week units and have the ability to switch back and forth between the work options on a weekly basis.
