SHRMA – legislative update 7/20/2006
Federal
Health Care
On June 15, 2006, the House Energy and Commerce Committee favorably
reported H.R. 4157, the Health Information Technology Promotion Act,
to the full House of Representatives by a vote of 28 to 14. On the
following day, the House Ways and Means Committee passed a slightly
different version of H.R. 4157 by a vote of 23 to 17. The legislation
is designed to expedite the use of health information technology (IT).
Federal Background info
On June 13, 2006, the House of Representatives approved legislation by
a vote of 415 to 1 to allow schools access to national crime
information databases in order to check the criminal backgrounds of
potential and existing employees and volunteers who would work with
children. H.R. 4894, introduced by Representative Jon Porter (R-NV),
is designed to enhance the protection of school children by providing
states with access to the most accurate and comprehensive criminal
record information available through the data bases of Federal Bureau
of Investigation (FBI).
All states currently have laws requiring some form of employment
background checks for school employees. The state laws vary, however,
on which employees are covered, whether the check is only at the state
level or includes a check at the federal level, and whether the check
is required only at the time of hire or is required through out the
length of employment.
The FBI's Integrated Automated Fingerprint Identification System
(IAFIS) is a national fingerprint-based criminal history system that
includes a pointer system for arrests on felonies or serious
misdemeanors at the state level for participating states. H.R. 4894
allows states to designate an entity of the state to request FBI
background checks on persons employed by, under consideration for
employment by, or volunteering in a position working with or around
children at a public or private elementary or secondary school or a
local or state educational agency. The bill also defines to whom the
results of the background check may be released, assesses criminal
penalties for those who knowingly release information in violation of
the bill, and allows the federal government and the state to charge
applicable fees for the checks.
Similar language included in a broader child sex crime bill that
passed the House in March, H.R. 4472, provides child welfare agencies
with access to federal background checks in order to screen potential
foster parents. H.R. 4472 has not yet been considered by the Senate.
Regulatory
Summary of OFCCP’s Guidelines for Evaluating Systemic
Compensation Discrimination and Self-Evaluations
The Office of Federal Contract Compliance Programs (OFCCP)
recently issued guidance on the new interpretative standards on
evaluating pay discrimination. The new guidance compares
salaries of employees who are “similarly situated” by analyzing
the similarity of the work performed, the levels of
responsibility, and the skills and qualifications involved in
the positions; and also establishes that the OFCCP will use a
multiple regression analysis, a statistical technique, to
analyze how the contractor makes pay decisions. The new
guidelines are effective June 16, 2006.
State
Pennsylvania
Wage and hour Final version (June 30) raises the minimum wage to $6.25
beginning January 1, 2007, and to $7.15 beginning July 1, 2007. Allows
for training wages below the minimum wage to be paid in the first 60
days of employment for an employee under the age of twenty years.
Requires employers whose employee complement is composed of the
equivalent of ten full-time employees to pay $5.65 an hour beginning
January 1, 2007, $6.65 an hour beginning July 1, 2007, and the full
amount of the minimum wage beginning July 1, 2008. Effective
immediately.
Of interest: Enacted Legislation
Tennessee
Health Care Coverage
In June 2006, Governor Bredesen (D) proposed and signed
into law the “Cover Tennessee” bill, which implements a voluntary
program that will provide affordable and portable basic health care
for working uninsured individuals. The estimated cost of the health
care coverage of $150 per month could be split equally between the
state, the worker, and their employer. The bill was negotiated and
supported by the National Federation of Independent Business and will
become effective in 2007.
Kansas
Work Environment
The Kansas Legislature passed and Governor Sebelius (D) signed into
law a Substitute for House Bill 2928 on May 25 that will require
employers to allow leave of up to 8 calendar days per year for sexual
assault victims without fear of discrimination or retaliation. This
law, which becomes effective January 1, 2007, aims to protect victims
of domestic violence, sexual assault, trafficking or stalking and
address issues of confidentiality for victims. In addition, it
authorizes the Kansas Secretary of State to perform certain duties and
functions, such as substituting their mailing address for that of a
victim, and requires employers to allow leave for certain purposes
provided the employee supplies the employer with documentation from a
health provider or law enforcement representative either in advance of
the leave or within 48 hours of an unscheduled absence.
SHRM requested support: (though letter writing)
No new requests (since last report) – still asking for: