Employment laws are constantly evolving, and several important laws were enacted or revised in 2009. Employers should be sure to update their policies and procedures to comply with current laws. Specifically, a revised Family and Medical Leave Act (FMLA), the Genetic Information Nondiscrimination Act (GINA), and the potential passage of the Employee Free Choice Act (EFCA) present potential problems for unprepared companies.

The FMLA was amended in 2009, and employers should be sure their FMLA policies comply with the most current FMLA regulations. Employers are covered by the FMLA if they have 50 or more employers. The FMLA was amended to allow two new types of leave, and the required FMLA forms were revised.

Military Caregiver Leave allows an eligible employee to take up to 26 weeks of FMLA leave in a 12-month period to care for family members who are injured while serving on active duty. Qualifying Exigency Leave allows a qualified employee to take FMLA leave when the employee’s family member is in the National Guard, Reserves, or is retired from the regular Armed Services or Reserves and is called back to active duty. Qualifying Exigency leave is available for several types of exigencies. Employers should be sure their FMLA policies provide for Military Caregiver Leave and Qualifying Exigency Leave and should also be sure they are using the most current Department of Labor FMLA forms.

GINA became effective on November 21, 2009 and prohibits discrimination based on genetic information. GINA’s purpose is to prevent employers from discriminating against individuals based on genetic tests and information. Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about a disease or disorder of an individual’s family members. Employers should update their antidiscrimination policies to include genetic information. Any genetic information that is acquired by an employer must be maintained in a separate medical file.

Although its progress has stalled, the EFCA may still be enacted. The EFCA would change the process for unionizing workplaces, easing the path to unionization. Employers may not prevent employees from discussing unionization or the terms and conditions of their employment. Employers may, however, update their workplace policies to include uniform prohibitions on distributing literature in the workplace and allowing outside visitors. Be aware, however, that any exceptions to these policies that discriminate against unionization efforts may violate the National Labor Relations Act.

Finally, as of December 1, 2009, North Carolina has a state law banning individuals from text messaging while operating a motor vehicle. In addition to texting, the law also prohibits using any technology that provides access to a camera, electronic mail, music, the Internet, or games while operating a vehicle on a public street or highway. Employers should consider having a comprehensive written policy about using electronic communication technology by its employees while they are operating a motor vehicle within the course and scope of their employment.

Employers should be sure to update their required workplace posters to comply with required notifications for the above-referenced laws. Employers should also be sure that any new or revised policies are promptly distributed to all employees and that managers are trained on these policies.