The Lilly Ledbetter Fair Pay Act, which extends the time period allowed for employees to seek compensation for unequal pay practices was signed into law by President Barack Obama on January 29, 2009.  The act is retroactive to May 28, 2007, and applies to all claims of pay discrimination on or after that date.

On February 6, Pres. Obama issued an executive order revoking an executive order issued by Pres. George W. Bush that largely prohibited federal agencies from imposing a project labor agreement on federal and federally assisted construction projects.  The new order encourages agencies to consider imposing a project labor agreement but fall short of requiring agencies to do so.

The U.S. Department of Labor (DOL) has issued a final rule eliminating the requirement that contractors covered by the Davis-Bacon and Related Acts include employees' home addresses and Social Security numbers (SSNs) on weekly certified payroll records submitted to contracting agencies or DOL's Wage and Hour Division.  DOL issued the rule "to better protect the personal privacy of laborers and mechanics employed on covered construction projects." 

The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) has decided to delay the requirement for employers to use a new Form I-9 from February 2, 2009 to at least April 3, 2009.  An official announcement is expected to be published in the Federal Register on Friday, February 6.

January marks the start of several changes in federal employment mandates, and the Associated General Contractors of America (AGC) wants to make sure its members are prepared.ADA Amendment (Effective 1/1/2009)The first change of the year was the amendment to the Americans with Disabilities Act (ADA) of 1990, which went into effect on January 1, 2009.  The amendment broadens the definition of "disabled," offers further explanation to the evaluation procedures for determining disability, extends the list of "major life activities" to include the operation of major bodily functions, and now, allows applicants and employees who are "regarded as" having a disability because of an actual or perceived impairment to claim discrimination.For a list of suggested ADA-related compliance tools and procedures, read AGC's article ADA Amendments Now in Effect.  FMLA Amendment (Effective 1/16/2009)The first changes to the Family Medical Leave Act (FMLA) since its origination in 1993 will take place on January 16, 2009, when family members of military personnel may be eligible for one of two, new categories of FMLA leave: Military Caregiver Leave, for family members of active duty service-members injured in the line of duty, and Qualifying Exigency Leave for family members of National Guard members and members of the Reserves.  For other FMLA claims, the Department of Labor (DOL) is now also requiring, in addition to three consecutive days of incapacity, a minimum of two visits to a healthcare provider within the first thirty days of such incapacity, including one visit which must occur within the first seven days in order for the illness or injury to be considered a "serious health condition".Visit the DOL's FMLA Final Rule website for a full explanation of the new changes, new procedures, and revised posters.Changes for Certified Payroll Records (Effective 1/18/2009)Beginning on January 18, 2009, federal contractors covered by the Davis-Bacon and Related Acts should not include in weekly certified payroll records submitted to contracting agencies or the U.S. Department of Labor's (DOL) Wage and Hour Division, employees' home addresses or full Social Security numbers for covered contracts entered into as a result of an invitation for bids issued, or negotiations concluded on or after January 18.   Instead, contractors should provide an "individually identifying number", which may be the last four digits of the employees SSN, for each covered employee.  Employers will still be required to maintain records of the addresses and SSNs of covered workers and make the information available to government investigators upon request.Visit the AGC website for information on subcontractor payroll and other details. Changes to Form I-9 (Effective 2/2/2009)The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) will require employers to use a new Form I-9 beginning on February 2, 2009. The new form will be used to verify that all new hires and existing employees with expiring employment authorizations are indeed eligible to work in the United States.  As a result, employers will no longer be permitted to accept expired documents, including an expired U.S. Passport, which is one of the most notable changes.Although not available as of the date of this publication, the new form will be available for download from the USCIS website by February 2, 2009. Visit the AGC website for a FAQ page on the changes from USCIS.E-Verify Use Mandated (Effective 2/20/2009)Beginning on February 20, 2009, federal contractors and subcontractors will be required to use the once voluntary, Department of Homeland Security's E-Verify system to verify employment eligibility. Originally slated for January 15, implementation of the new regulation has been delayed until at least February 20, 2009.  The regulation requires that all employees, existing and new, who are directly working on a federal project, must be confirmed through E-Verify, as well as newly hired employees working on any project. Visit the USCIS website for a list of Frequently Asked Questions (FAQ's) for Federal Contractors & E-Verify.Visit the AGC website for critical components of the final rule.

Just as many in the construction industry gain a full understanding of the Americans with Disabilities Act (ADA) of 1990, changes to the law took effect on January 1, 2009. These changes, known as the ADA Amendments Acts (ADAAA), broaden the definition of "disabled," and potentially expose employers with 15 or more employees to increased financial liabilities.

The Department of Homeland Security's U.S. Citizenship and Immigration Services has published an interim final rule making changes to Form I-9, Employment Eligibility Verification.  Beginning on February 2, 2009, employers will be required to use the new form to verify all new hires and to reverify any employee with expiring employment authorization beginning on February 2, 2009.  The new form will be available for download from the USCIS website by February 2, 2009.

The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 was signed into law on October 3 as part of the Emergency Economic Stabilization Act financial-market rescue legislation.  The Act amends the Employee Retirement Income Security Act and the Public Health Service Act to require health insurance plans that offer mental health coverage to provide the same financial and treatment coverage offered for other illnesses.  It does not mandate that group plans must provide any mental health coverage.

The Department of Homeland Security (DHS) on October 23 released a supplemental final rule on “no-match letters.” The supplemental final rule was published in the October 28 issue of the Federal Register. The supplemental final rule reaffirms the content of a final rule issued in August 2007, provides additional supporting analysis for that final rule, and corrects a typographical error in the rule. It makes no substantive changes.