Administrator’s Interpretation 2010-3, issued June 22, 2010, was generated in response to several requests for additional guidance on whether caregivers who do not have a biological or legal relationship may be eligible for leave under the FMLA for birth, bonding and care of that child.

The FMLA regulations define in loco parentis to include employees with day-to-day responsibilities to care for and financially support a child.  The interpretation, however, clarifies that both of those factors need not be present. 

Here are some examples of eligible employees:  1) an individual who provides day-to-day care for the child of his or her unmarried partner or same sex partner; 2) a grandparent who assumes responsibility for raising a child because the parents are incapable of providing such care; or 3) an aunt who assumes care of a child due to the death of the child’s parents.

1. The new regulations add industries in which minors ages 14 and 15 are permitted to work, including advertising, banking and information technology.  For minors ages 16 and 17, jobs which involve the operation of power-driven pizza-dough rollers and portable food mixers, under certain conditions are now judged to be safe for youth.
2. Conversely, the new regulations also add to the list of prohibited industries due to their hazardous nature, notably work at poultry slaughtering and packing plants, forest-fighting, and the operation of certain equipment, including balers and compacters, chain saws and similar equipment.  Door-to-door sales, unless done on a volunteer basis for charity, is also prohibited.
3. The new rule establishes a work-study program for students ages 14 and 15 enrolled in college preparatory curricula, and allows them to work during school hours.  The old regulations were similar but focused on keeping the drop-out rate among youth low and motivate them for education and the working world.

The federal fact sheet can be found at http://www.dol.gov/whd/cl/whdfsCLFR.htm.

The notice must be posted by federal contractors who have contracts over $100,000.  Subcontractors with federal subcontracts less than $10,000 are exempt from the requirements of the Executive Order.

If a federal contractor customarily uses the web to communicate with its employees, they must supply an electronic as well as a hardcopy version, or at least a link to the actual notice.  Federal contractors must also provide notices in the languages spoken by employees, and can request them directly from the OLMS. 

Federal Contractors and/or subcontractors who fail to comply with the posting requirements of Executive Order 13496 could have their federal contracts or subcontractors suspended or terminated as a result, and could be ineligible for future contracts.

For more information, see http://www.dol.gov/olms/regs/compliance/EO13496.htm.

Employees who are misclassification as independent contractors are deprived of the benefits and protections they are legally entitled to, such as overtime and unemployment benefits.  The government also does not get the money they are entitled to, specifically in the Social Security, Medicare and Unemployment Insurance Trust Funds, as well as any other taxable benefits an employee may otherwise receive.  To reinforce the Department of Labor’s commitment to solving this problem, the 2011 budget also includes an additional $25MM for a Misclassification Initiative.  It includes the addition of 100 additional enforcement personnel and competitive grants to boost state incentives and capacity to address the problem.  

The budget also includes $50MM for a State Paid Leave Fund within the Labor Department, which will provide grants to help states who wish to introduce paid leave legislation pay their start-up costs.

The detailed budget can be found at http://www.dol.gov/dol/budget/.

The EBSA’s COBRA page now has several new model notices available, including:

• an Updated General Notice;
• a Premium Assistance Extension Notice, which details the extension provisions; and
• an updated Alternative Notice, which must be sent to all individuals who become eligible for COBRA under a state law.

The updated notices can be located at www.dol.gov/ebsa/COBRAmodelnotice.html