How Obama’s four new labor changes affect you

Bullard Smith Jernstedt Wilson
BULLARD eAlert 2/26:

In his first few weeks in office, President Obama signed four Executive Orders related to labor policies and government contracting. These Executive Orders, described in detail in the Bullard eAlert: (1) require federal contractors to offer employment to the workers of a predecessor for work under a successor service contract; (2) require federal contractors to forego federal reimbursement of costs for encouraging or discouraging workers from joining unions; (3) require federal contractors to post notices advising workers of their right to organize under the National Labor Relations Act (NLRA); and (4) permit federal agencies to require federal contractors working on large-scale construction projects to enter into union-only project labor agreements.

Click the following link to read the Bullard eAlert summarizing the new Executive Orders:

IN OTHER NEWS OF NOTE – New Laws/Requirements Going Into Effect:
There are several new laws and legal requirements scheduled to take effect soon. These include:

Genetic Information Nondiscrimination Act: Signed into law last May, the GINA will prohibit discrimination on the basis of genetic information with respect to health insurance and employment.
*May 21, 2009 -The health insurance provisions go into effect and prohibit health insurers from denying coverage or adjusting premiums based on an individual’s predisposition to a genetic condition.
*November 21, 2009 -The employment provisions go into effect on prohibits employers from discriminating on the basis of predictive genetic information.

Revised Form I-9: As we previously reported, employers must begin using the new Form I-9 on April 3, 2009.

Congress appears poised to pass the so-called Employee Free Choice Act (EFCA). If the EFCA becomes law, it will change the way that unions organize and would change the collective bargaining process. There would be significant implications for both unionized and non-unionized employers. To help employers understand and prepare for these potential changes, last month Bullard Law presented a well-attended and detailed breakfast seminar on the EFCA.

Now is the time to prepare for EFCA. Please feel free to contact Bullard Law with questions regarding EFCA, for “Talking Points” about EFCA, and/or to obtain seminar materials (in case you were not able to attend).

On March 18, 2009 Bullard Law will be presenting “Boot Camp” on basic employment law issues. Attendees will have the opportunity to attend one of three sessions:
(1) Labor Law 101, presented by Barb Bloom, and covering the NLRA, protected activities, Weingarten, “just cause”, duty to bargain, union organizing activity and practical advice for managers and supervisors;
(2) Record Keeping for Employers, presented by Lisa Brown, and covering the key questions – what to keep, how long to keep it, and how to find it when you need it; and
(3) FMLA Update, presented by Kathy Hindman, and covering the new FMLA regulations and the interplay of those regulations with Oregon and Washington rules.

Boot Camp will be held at the Multnomah Athletic Club in Portland. For full details and to register please click on the Bullard Seminars/Workshops page ( or contact Coni Crone (503.248.1134 or [email protected]). We look forward to seeing you there.

Please feel free to contact us with questions or for more information regarding the new Executive Orders, the status of the EFCA, the requirements of the GINA, the new Form I-9, or any other labor, employment and benefits issues.
You may reach us anytime at 503/248-1134 or on the web at Thank you.

Bullard Smith Jernstedt Wilson
1000 SW Broadway, Suite 1900
Portland, Oregon 97205
Phone: 503.248.1134
Fax: 503.224.8851

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