What is the Universal Paid Leave Amendment Act (UPLA) of 2016?

The new law guarantees eight weeks of paid leave to new parents, six weeks to care for an ailing family member, and two weeks in the event of a personal illness. The act is funded by a 0.62% payroll tax, which is expected to raise $246 million a year. A new government agency would be established to administer the benefits. Rather than come directly from the employer, employee leave claimed under the act would come out of a citywide pool.

The city would reimburse private sector employees for 90% of their first $900 of weekly pay and 50% percent of their remaining weekly pay, with a cap of $1,000/week.

The UPLA became law on April 7, 2017, and applies to private sector employees in the Washington D.C. area. It is scheduled to start dispersing benefits in 2020.

Current Discussions

Under the law that already passed, every employer pays the modest tax into the same fund, which helps level the playing field since small and medium sized companies are said to make up 99% of district employers. The business lobby, who primarily represents large employers, objected to the law prior to it being passed, and now they want to gut it entirely. According to the Washington Post, the business lobby wants each company to pay for their own employees’ family and medical leaves. This means large corporations may not feel much of a pinch, but it would be rather catastrophic for some small and medium sized companies.

Employers would have to form their own individual insurance funds that would have to cover the cost of their employees’ specific leaves. In addition to the financial burden it places on smaller and mid-sized companies, it also has the potential to create an administrative nightmare. Rather than file a claim with a specific government agency as the law stands now, employees would be filing claims for benefits with their employer directly.

WTOP relayed details of additional discussions held during the D.C. City Council meeting on October 11, which included additional suggestions for handling the law. One suggestion was a public insurance program that would fund benefits through a fee levied against employers and employees both. A “hybrid” option mentioned included the idea of smaller businesses participating in a public fund while larger businesses privately fund the benefits directly.

Another change the business lobby is suggesting is to base applicable benefits on past work experience rather than tenure.

When to Call a Washington, D.C., Lawyer

Let our labor & employment lawyers at Tobin O’Connor Concino P.C. handle all your employment law needs. We work extensively within the labor industry and can tackle a variety of legal issues. Please call Tobin O’Connor Concino P.C. at 202-362-5900 or online to schedule a consultation. We are conveniently located inside the Chevy Chase Pavilion, making it easily accessible from the Friendship Heights Metro Station.

Resources:

wtop.com/dc/2017/10/paid-family-leave-law-changing-dc/

washingtonpost.com/opinions/no-repeal-and-replace-for-dcs-paid-leave-law/2017/10/06/29dde572-9ed7-11e7-8ea1-ed975285475e_story.html?utm_term=.67bd1a774dd1

dcist.com/2017/10/wait_didnt_we_already_pass_paid_lea.php

Equal Employment with the EEOC 

The United States Equal Employment Opportunity Commission (EEOC) is a federal agency that is tasked to enforce U.S. laws and regulations that prevent employers from discriminating against employees or potential employees based upon certain protected categories, such as race, sex, age, and more. The related regulations are only applicable to certain companies and organizations. A significant indicator is the number of employees the company has. In other words, if a company has less than a certain number of employees, certain regulations do not apply to that company. However, the applicability of certain regulations can get tricky based upon the type of company you run and how many employees there are. Therefore, it is good practice to follow EEOC regulations regardless of the number of employees your company has.

Labor Rights with the NLRB 

The National Labor Relations Board (NLRB) is also a federal agency. This one seeks to protect the rights of employees to organize for the purpose of gaining good working conditions. Union activities generally fall under the control of the NLRB. Yet the NLRB protects employees, whether or not they are part of a union. If, after a while, your company’s employees are seeking to organize into a union or join an existing one, then you will want to consult an attorney to help you through the process.

Work Conditions with the DOL 

The United States Department of Labor (DOL) is a cabinet-level agency that, among other things, generally seeks to “assure work-related benefits and rights.” Within the DOL, there are numerous agencies, including the Bureau of Labor Statistics (BLS), the Occupational Safety and Health Administration (OSHA), and the Wage and Hour Division (WHD). The WHD is the DOL agency that most employers will interact with regarding matters such as minimum wage, overtime pay, hours worked each week, employment of minors, and more.

Tip of the Iceberg 

These are, of course, only a few of the agencies that a company may encounter after becoming an employer. There are also state agencies, local offices, and other federal agencies. Each of these agencies is tasked with governing certain aspects of the relationship between employers and employees. Most of their primary guidance comes from congressional laws, such as the National Labor Relations Act, the Americans with Disabilities Act, the Fair Labor Standards Act, and the Family and Medical Leave Act.

Growing companies often need employees to help the company continue to succeed. However, navigating the waters of employment and labor law can get tricky. That is why the Washington D.C. labor and employment attorneys of Tobin O’Connor Concino P.C. are here to make the process easier. Contact our office today.

Resources:

washingtonpost.com/local/dc-politics/yelp-to-open-new-office-in-dc-bringing-500-jobs-to-citys-tech-sector/2017/08/04/636d4fb4-7923-11e7-8839-ec48ec4cae25_story.html?utm_term=.31d0aaf7e9c9

dol.gov/general/aboutdol/mission