The February 4, 2010 email concerning HB 2169 HD1, the bill proposing changes to employers’ Unemployment Insurance (“UI”) contributions, incorrectly stated that HB 2169 HD1 set a UI claimant’s maximum weekly benefit at 70% of the average weekly wage. It should have stated that the maximum weekly benefit amount would be set at 75% of the average weekly wage.

The major employment and labor bills before the State Legislature are summarized here for the business community.

The U.S. Department of Transportation proposes to amend provisions of its workplace drug testing procedures to make them consistent with new requirements established by the U.S. Department of Health and Human Services Mandatory Guidelines.
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The Occupational Safety and Health Administration has updated its 40-page Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments that addresses issues causing late-night retail workers to be killed on the job. Read more

A field assistance bulletin has been issued by the U.S. Department of Labor discussing the guidelines it will follow to determine when an assessment of child labor civil money penalties is appropriate, as well as the amounts of the penalties it will assess. Read more

A “Senior Professional Sales Representative” who elaborated on the “independent and managerial qualities that her position required” and was responsible to form a strategic plan designed to maximize sales in her territory was an exempt administrative employee under the Fair Labor Standards Act and thus not entitled to overtime payments for her work, the Third Circuit rules.
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A Lockheed Martin employee who was forced out of her position after she reported that her manager used company funds for inappropriate expenses and which may have been billed to the government, suffered illegal retaliation pursuant to the employee protection provisions of the Sarbanes-Oxley Act, a Department of Labor Administrative Law Judge decides.
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Costs for the most popular medical plans are projected to increase by more than 10 percent for 2010, according to a national survey by Buck Consultants.
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Glenn Hong, President & CEO for Hawaiian Tug & Barge/Young Brothers, Ltd. was recently re-appointed Chairman of the Hawaii Employers Council Board of Governors for 2010.
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Find out what employment bills have been introduced in the 2010 Legislative session. See here [or Quick Links].

Hawaii companies need to step up and tell their legislative representatives exactly how the jump in their unemployment insurance taxes will affect their individual business and current or future hiring, according to speakers at HEC’s January 29 briefing on the pending UI tax hike.
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Members who were unable to attend HEC’s January 25th briefing on the COBRA Subsidy Extension presented by HEC General Counsel Clayton Kamida can view his PowerPoint presentation here, and includes a timetable for notices to be sent to plan participants. Read more

As part of its ongoing initiative to ensure child labor safety, the U.S. Department of Labor has cited a 32-store mainland supermarket chain, a retail mall, and a retail store for violating the child labor provisions of the Fair Labor Standards Act. Read more

The Internal Revenue Service will be focusing on four employment tax compliance initiatives in 2010 as part of its Employment Tax National Research Project: worker classification; tip reporting compensation; corporate officer compensation; and fringe benefits, says Jackson Lewis.
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The recession has caused employees and employers to tighten their financial belts, and as a consequence, stress, anxiety and job burn-out – made worse by unhealthy habits and poor communication – can devastate business results, according to Loyola University medical director Dr. Mary Capelli-Schellpfeffer. Read more