Fiscal Cliff Deal Extends Unemployment Benefits - The recent “fiscal cliff” tax deal in Congress renewed some of the extensions of unemployment benefits that have been in place since the recession. HR professionals should be aware of these extensions when responding to unemployment benefit questions that may arise at the time of a layoff. Massachusetts unemployment insurance benefits normally run for 30 weeks, and are fully funded by employers. In the case of a federal extension, however, employer funded benefits drop to 26 weeks while the federal government picks up the cost for the additional weeks. The tax deal extended unemployment benefits under the Emergency Unemployment Compensation (EUC) until the end of 2013. With extension(s) in effect, UI benefits are available in the following manner: Regular 26 weeks of benefits - UI claimant files claim on or after September 2,2012. Eligible for 26 weeks of state benefits. Tier 1 benefit - Claimant exhausts regular UI (26 weeks) before December 28, 2013. Claimant is eligible for a maximum of 14 additional weeks of benefits on Tier I. Claimant is eligible for EUC Tier I benefits until eligibility is either exhausted or until the final payable week of December 28, 2013, whichever occurs first. Tier II benefits - Emergency Unemployment Compensation (EUC) may be available for a claimant for up to 14 weeks more. To be eligible, a claimant must exhaust Tier I on or before the week ending December 21, 2013. Massachusetts residents are no longer eligible for Tier III, and IV benefits, as well as Federal-State Extended Benefits (EB), because of the commonwealth’s relatively low jobless rate.In order to qualify for Tier I and Tier II, the law requires claimants to meet new requirements including: Participate in a mandatory two-hour EUC Orientation session at a One-Stop Career Center by a date specified by DUA. If you do not participate in this EUC Orientation, you will lose one week of benefits. Register with JobQuest ( prior to attending the EUC Orientation. JobQuest is a free Online Job Bank that will direct you to open jobs for which you may be qualified. At the orientation, a claimant will be required to: Develop a Career Action Plan to assist in a job search. Review a weekly Work Search Log ( Set up a separate in-person appointment, called a Reemployment Eligibility Assessment (REA), during which the claimant will meet with a career counselor at the Career Center. The new law specifies that failure to take these steps without documented good cause will result in the loss of all unemployment benefits until the claimant complies with all requirements.

Source: AIM HR Edge,2/19/13

Senators From Both Sides, President Obama Offer Framework for Immigration Overhaul - A bipartisan group of eight senators released a “framework” of principles Jan. 28 that they hope to see included in immigration overhaul legislation to be hashed out in the Senate in the coming months, while the following day President Obama delivered his vision for an immigration measure. Source: Bloomberg BNA, Human Resource News, 2/4/13
In State of Union Speech, Obama Urges Minimum Wage Hike, Immigration Overhaul - President Obama called on Congress to raise the minimum wage, combat discrimination against female workers, and pass a comprehensive immigration overhaul measure in his annual State of the Union address Feb. 12. Source: Bloomberg BNA, Human Resource News, 2/15/13

Governmental Affairs Update – February 2013 Newsletter - Page 2

Court Ruling Throws NLRB Decisions into Question - The U.S. Court of Appeals for the Washington DC Circuit ruled unanimously today that President Obama did not have the power to make recess appointments to the National Labor Relations Board in January 2012. The ruling in Canning vs. NLRB could invalidate rulings, determinations and rulemaking by the NLRB over the past year because the US Supreme Court has already ruled that a three-member Board must be sitting for such actions to be valid. As a result of today’s ruling, only one member of the NLRB, Chairman Mark Pearce, was validly appointed and thus the Board lacks a required quorum for action. The government is likely to appeal the matter to the US Supreme Court. A similar Supreme Court challenge during the administration of President George W. Bush resulted in an affirmation that the president did in fact, possess recess appointment powers. While this ruling has the potential to undue many of the NLRB actions and precedents set during the past year, it does not mean employers should be less vigilant or alert to union activity in their workplace. Unions still represent a powerful force by presenting themselves as an alternative to inattentive or poor management, and exert considerable political influence.Business owners and managers must ensure that the conditions that invite union representation do not exist within their enterprises. These conditions include a lack of respect, supervisory mistreatment, inconsistency in the application of policies, favoritism, threats to job security and changes within the workplace that cause employees to consider the need for either ‘protection’ or someone to speak for them. Source: AIM Business Insider, 1/28/13

Work Opportunity Tax Credit extended- The American Tax Relief Act of 2012 did more than just avert the fiscal cliff—it also extended several tax breaks for employers, including the Work Opportunity Tax Credit (WOTC). The credit, which originally expired December 31, 2011 (or December 31, 2012, for qualified veterans), has been extended through 2013. The WOTC is intended to encourage hiring from certain target groups who have consistently faced significant barriers to employment, including food stamp recipients, ex-felons, and certain individuals with disabilities. The maximum credit available ranges from $2,400 to $9,600 per qualified employee, with no limit on the number of qualified individuals an employer can hire. Source: HR.BLR.com, Latest News, 2/25/13
DOL Publishes Final Regulations Addressing Military Family Leave Provisions - The U.S. Department of Labor (DOL) has published final regulations clarifying several amendments to the Family and Medical Leave Act (FMLA) that expand the law’s military family leave provisions. The agency’s final rule, released on the FMLA’s 20-year anniversary, also implements changes enacted through the Airline Flight Crew Technical Corrections Act and contains other modifications to the prior regulations. Following a 2008 law that extended FMLA-qualifying leave to certain eligible employees for reasons arising from a family member’s service in the military, the National Defense Act Authorization Act for FY 2010 (NDAA) further expanded the leave entitlements available to relatives of covered service members. The DOL’s final rule, published in the Federal Register on February 6, 2013, provides additional guidance regarding these and other changes. To read more visit: Source: Jackson Lewis LLP Legal Updates, 2/8/13
How employers should prepare for the Affordable Care Act - March means employers will need to send workers written notices that explain state and federal health care exchanges and that offer the option of purchasing health coverage from an exchange. Some employers may find that most workers want to stick with the coverage they have, lawyer David Barron writes. Employers should plan for the worst-case scenario, Barron writes. Source: SmartBrief on Workforce, 02/20/2013