Lexology.com
Porter Wright Morris & Arthur LLP
Jenny Swinerton USA April 5 2010
Employers may not realize that the recently signed health care reform law includes a provision which amends the Fair Labor Standards Act to require reasonable unpaid breaks for nursing employees. In addition to the unpaid break time, the amendment to the FLSA (29 U.S.C. § 207(r)(1)) provides that employers must furnish a private location, other than a restroom, which may be used by the employee to express breast milk. Employers with fewer than 50 employees are not subject to these requirements if such requirements would cause an undue hardship on the employer.
This amendment creates some confusion with existing federal law on the issue of employee breaks. While the FLSA does not require that employees be given breaks, there are federal regulations which indicate that rest periods of short duration (usually lasting 5 to 20 minutes) are considered compensable work hours. The proposed amendment, however, specifically states that employers are not required to compensate nursing mothers for reasonable break times.
Full Story: http://www.lexology.com/library/detail.aspx?g=bad5802b-2758-4ff6-8bcf-1f53fabf49c8&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Lexology%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-04-12&utm_term=
Showing posts with label Health Care Reform. Show all posts
Showing posts with label Health Care Reform. Show all posts
Monday, April 12, 2010
Sunday, March 28, 2010
The Rage Is Not About Health Care
The New York Times
By FRANK RICH
Published: March 27, 2010
THERE were times when last Sunday’s great G.O.P. health care implosion threatened to bring the thrill back to reality television. On ABC’s “This Week,” a frothing and filibustering Karl Rove all but lost it in a debate with the Obama strategist David Plouffe. A few hours later, the perennially copper-faced Republican leader John Boehner revved up his “Hell no, you can’t!” incantation in the House chamber — instant fodder for a new viral video remixing his rap with will.i.am’s “Yes, we can!” classic from the campaign. Boehner, having previously likened the health care bill to Armageddon, was now so apoplectic you had to wonder if he had just discovered one of its more obscure revenue-generating provisions, a tax on indoor tanning salons.But the laughs evaporated soon enough. There’s nothing entertaining about watching goons hurl venomous slurs at congressmen like the civil rights hero John Lewis and the openly gay Barney Frank. And as the week dragged on, and reports of death threats and vandalism stretched from Arizona to Kansas to upstate New York, the F.B.I. and the local police had to get into the act to protect members of Congress and their families.
How curious that a mob fond of likening President Obama to Hitler knows so little about history that it doesn’t recognize its own small-scale mimicry of Kristallnacht. The weapon of choice for vigilante violence at Congressional offices has been a brick hurled through a window. So far.
No less curious is how disproportionate this red-hot anger is to its proximate cause. The historic Obama-Pelosi health care victory is a big deal, all right, so much so it doesn’t need Joe Biden’s adjective to hype it. But the bill does not erect a huge New Deal-Great Society-style government program. In lieu of a public option, it delivers 32 million newly insured Americans to private insurers. As no less a conservative authority than The Wall Street Journal editorial page observed last week, the bill’s prototype is the health care legislation Mitt Romney signed into law in Massachusetts. It contains what used to be considered Republican ideas.
Yet it’s this bill that inspired G.O.P. congressmen on the House floor to egg on disruptive protesters even as they were being evicted from the gallery by the Capitol Police last Sunday. It’s this bill that prompted a congressman to shout “baby killer” at Bart Stupak, a staunch anti-abortion Democrat. It’s this bill that drove a demonstrator to spit on Emanuel Cleaver, a black representative from Missouri. And it’s this “middle-of-the-road” bill, as Obama accurately calls it, that has incited an unglued firestorm of homicidal rhetoric, from “Kill the bill!” to Sarah Palin’s cry for her followers to “reload.” At least four of the House members hit with death threats or vandalism are among the 20 political targets Palin marks with rifle crosshairs on a map on her Facebook page.
Full Editorial: http://www.nytimes.com/2010/03/28/opinion/28rich.html?th&emc=th
By FRANK RICH
Published: March 27, 2010
THERE were times when last Sunday’s great G.O.P. health care implosion threatened to bring the thrill back to reality television. On ABC’s “This Week,” a frothing and filibustering Karl Rove all but lost it in a debate with the Obama strategist David Plouffe. A few hours later, the perennially copper-faced Republican leader John Boehner revved up his “Hell no, you can’t!” incantation in the House chamber — instant fodder for a new viral video remixing his rap with will.i.am’s “Yes, we can!” classic from the campaign. Boehner, having previously likened the health care bill to Armageddon, was now so apoplectic you had to wonder if he had just discovered one of its more obscure revenue-generating provisions, a tax on indoor tanning salons.But the laughs evaporated soon enough. There’s nothing entertaining about watching goons hurl venomous slurs at congressmen like the civil rights hero John Lewis and the openly gay Barney Frank. And as the week dragged on, and reports of death threats and vandalism stretched from Arizona to Kansas to upstate New York, the F.B.I. and the local police had to get into the act to protect members of Congress and their families.
How curious that a mob fond of likening President Obama to Hitler knows so little about history that it doesn’t recognize its own small-scale mimicry of Kristallnacht. The weapon of choice for vigilante violence at Congressional offices has been a brick hurled through a window. So far.
No less curious is how disproportionate this red-hot anger is to its proximate cause. The historic Obama-Pelosi health care victory is a big deal, all right, so much so it doesn’t need Joe Biden’s adjective to hype it. But the bill does not erect a huge New Deal-Great Society-style government program. In lieu of a public option, it delivers 32 million newly insured Americans to private insurers. As no less a conservative authority than The Wall Street Journal editorial page observed last week, the bill’s prototype is the health care legislation Mitt Romney signed into law in Massachusetts. It contains what used to be considered Republican ideas.
Yet it’s this bill that inspired G.O.P. congressmen on the House floor to egg on disruptive protesters even as they were being evicted from the gallery by the Capitol Police last Sunday. It’s this bill that prompted a congressman to shout “baby killer” at Bart Stupak, a staunch anti-abortion Democrat. It’s this bill that drove a demonstrator to spit on Emanuel Cleaver, a black representative from Missouri. And it’s this “middle-of-the-road” bill, as Obama accurately calls it, that has incited an unglued firestorm of homicidal rhetoric, from “Kill the bill!” to Sarah Palin’s cry for her followers to “reload.” At least four of the House members hit with death threats or vandalism are among the 20 political targets Palin marks with rifle crosshairs on a map on her Facebook page.
Full Editorial: http://www.nytimes.com/2010/03/28/opinion/28rich.html?th&emc=th
Monday, March 22, 2010
Fear Strikes Out
The New York Times
By PAUL KRUGMAN
Published: March 21, 2010
The day before Sunday’s health care vote, President Obama gave an unscripted talk to House Democrats. Near the end, he spoke about why his party should pass reform: “Every once in a while a moment comes where you have a chance to vindicate all those best hopes that you had about yourself, about this country, where you have a chance to make good on those promises that you made ... And this is the time to make true on that promise. We are not bound to win, but we are bound to be true. We are not bound to succeed, but we are bound to let whatever light we have shine.”
And on the other side, here’s what Newt Gingrich, the Republican former speaker of the House — a man celebrated by many in his party as an intellectual leader — had to say: If Democrats pass health reform, “They will have destroyed their party much as Lyndon Johnson shattered the Democratic Party for 40 years” by passing civil rights legislation.
I’d argue that Mr. Gingrich is wrong about that: proposals to guarantee health insurance are often controversial before they go into effect — Ronald Reagan famously argued that Medicare would mean the end of American freedom — but always popular once enacted.
But that’s not the point I want to make today. Instead, I want you to consider the contrast: on one side, the closing argument was an appeal to our better angels, urging politicians to do what is right, even if it hurts their careers; on the other side, callous cynicism. Think about what it means to condemn health reform by comparing it to the Civil Rights Act. Who in modern America would say that L.B.J. did the wrong thing by pushing for racial equality? (Actually, we know who: the people at the Tea Party protest who hurled racial epithets at Democratic members of Congress on the eve of the vote.)
Full Op Ed: http://www.nytimes.com/2010/03/22/opinion/22krugman.html
By PAUL KRUGMAN
Published: March 21, 2010
The day before Sunday’s health care vote, President Obama gave an unscripted talk to House Democrats. Near the end, he spoke about why his party should pass reform: “Every once in a while a moment comes where you have a chance to vindicate all those best hopes that you had about yourself, about this country, where you have a chance to make good on those promises that you made ... And this is the time to make true on that promise. We are not bound to win, but we are bound to be true. We are not bound to succeed, but we are bound to let whatever light we have shine.”
And on the other side, here’s what Newt Gingrich, the Republican former speaker of the House — a man celebrated by many in his party as an intellectual leader — had to say: If Democrats pass health reform, “They will have destroyed their party much as Lyndon Johnson shattered the Democratic Party for 40 years” by passing civil rights legislation.
I’d argue that Mr. Gingrich is wrong about that: proposals to guarantee health insurance are often controversial before they go into effect — Ronald Reagan famously argued that Medicare would mean the end of American freedom — but always popular once enacted.
But that’s not the point I want to make today. Instead, I want you to consider the contrast: on one side, the closing argument was an appeal to our better angels, urging politicians to do what is right, even if it hurts their careers; on the other side, callous cynicism. Think about what it means to condemn health reform by comparing it to the Civil Rights Act. Who in modern America would say that L.B.J. did the wrong thing by pushing for racial equality? (Actually, we know who: the people at the Tea Party protest who hurled racial epithets at Democratic members of Congress on the eve of the vote.)
Full Op Ed: http://www.nytimes.com/2010/03/22/opinion/22krugman.html
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