Bills that would forbid the National Labor Relations Board from ordering employers from relocating jobs have been introduced in the U.S. House and the U.S. Senate. The Job Protection Act (S694) guarantees employers the right to decide where to do business, according to Capitol Hill Republicans. The bill is aimed at preventing the NLRB from moving forward with their case against Boeing. In other NLRB news, its General Counsel's office has issued an Advice Memorandum in which it found that an employer did not violate the National Labor Relations Act when it fired an employee for posting tweets criticizing the employer. May 29.  A bill to eliminate mandatory arbitration has been introduced in the U.S. Senate. The "Arbitration Fairness Act" would eliminate forced arbitration clauses in employment, consumer and civil rights cases and amend the Federal Arbitration Act. "Workers and consumers should not have to give up their rights to get hired for a job, or to get a cell phone," said Sen. Al Franken (D-Minn.), one of the bill's sponsors. The proposed legislation was first introduced in 2007. May 24 The U.S. Department of Labor has launched a smart phone application that allows workers to track their hours and wages. The app also includes a link to DOL's Web site on wage laws. Employers worry that the device could encourage more wage and hour lawsuits, for more information see the latest issue of Maryland Employment Law Reporter. May 13. Rep. Tom Marino (R-PA) has introduced legislation that would freeze federal hiring with certian exceptions until the federal deficit is eliminated. The bill is the "Federal Hiring Freeze Actof 2011" (HR 1779). For more details, subscribe to Maryland Employment Law Reporter. May 8. The U.S. Office of Personnel Management has launched USAJOBSRecruit.gov, a one-stop gateway for recruitment resources throughout the federal government. The site provides tools and guidance and encourages development of best practices within the federal recruiting community. The new Web site is aimed at provding HR professionals and hiring managers with accurate and consistent information on recruiting and hiring in the federal government. May 6. The U.S. Department of Labor tip credit rules take effect May 5. U.S. Supreme Court upholds agreements that waive class action arbitration in spite of California state law to the contrary. Court said California rule is preempted by Federal Arbitration Act. Justice Scalia wrote the opinion. April 29. Former Baltimore city school administrator files a $1.3 million racial discrimination lawsuit against school officials in federal court alleging that he was subjected to "racial jealousy" after being singled out for praise by a supervisor and then wrongfully terminated because he is white. This and other stories are covered in Maryland Employment Law Reporter. April 29. The Paycheck Fairness Act has been re-introduced in Congress. S.1797/H.R. 1519 is identical to last year's bill and calls for increased employer liability in instances where pay inequality is found. April 27. The U.S. Department of Labor's Office of Federal Contract Compliance Programs has proposed a rule to strengthen affirmative action requirements of federal contractors and subcontractors for veterans protected under the Vietnam Era Veterans' Readjustment Assistance Act of 1974. Veterans protected by VEVRAA include those with disabilities and those recently discharged as well as those who served during a war, campaign or expedition for which a campaign badge is authorized. The proposed rule was published in the April 26 edition of the Federal Register. April 27. We rarely cover legislation from other states, but thought that it was noteworthy to cover this on the MELR Web site. New Jersey Gov. Chris Christie has signed a bill that would outlaw job vacancies in New Jersey that explicitly exclude the unemployed. The law prohibits employers from publishing job ads stating that the unemployed cannot apply. The bill seems to have had only Democrat sponsors. As many MELR subscribers are no doubt aware, Christie is a Republican. The bill, perhaps the first in the nation, seems to be a departure from the unfettered free market principles espoused by many Republicans. April 26.

A bill has been introduced in the U.S. House of Representatives that would increase the length of the probationary period for new federal employees from one year to two. Rep. Dennis Ross (R-Fla.), the sponsor of H.R. 1470, says the bill would give federal managers an effective tool to ensure that new hires are productive. April 26. A Maryland federal trial judge has granted collective action certification in a lawsuit against ezStorage Corp. alleging unpaid overtime under the Fair Labor Standards Act. See Maryland Employment Law Reporter for more details. April 25. A nursing home administrator has won summary judgment against Mid-Atlantic Fairfield, LLC. Elizabeth Neel said the company violated the Family and Medical Leave Act (FMLA) when it refused to reinstate her at the end of her leave. The court ruled that the "key employee" exemption was not available to the company. To find out more, read the latest issue of Maryland Employment Law Reporter. April 25. A bipartisan bill aimed at eliminating workplace discrimination based on sexual orientation or gender identity has been introduced in the U.S. Senate. The "Employment Non-Discrimination Act" (ENDA) would prohibit employers from refusing to hire, firing or discriminating against those employed or seeking employment on the basis of the perceived or actual sexual orientation or gender identity. The bill would exempt employers with less than 15 employees, religious organizations and the military. For a comprehensive listing of current federal workplace bills, see the current issue of Maryland Employment Law Reporter. April 18. Federal unemployment benefits for Free State residents have been extended by 13 weeks. April 12. Gov. Martin O'Malley has signed the "Job Applicant Fairness Act." SB 132/HB 87 prohibits employers from using an individual's credit history to deny employment, fire an employee or to determine compensation or terms of employment. The law becomes effective Oct. 1, 2011. In these days of the Great Recession, the issue is receiving a lot of attention. The Equal Employment Opportunity Commission filed a lawsuit in 2010 against Kaplan Higher Education Corp., claiming that its alleged practice of rejecting job applicants because of their credit history has an unlawful discriminatory effect -- disparate impact -- on black applicants. Hawaii, Washington, Oregon and Illinois have banned and/or limit the use of credit reports in employment. April 12. The General Assembly has wrapped up its 2011 session. Bills (SB716/HB988) that would have upped the state's minimum wage failed to progress as did the union membership bill (SB660) that would have prohibited an employer from hiring or not hiring job applicants based on membership or non-membership in a union. For more information on this session's labor and employment bills and their fate, see the May 2011 issue of Maryland Employment Law Reporter. April 12. The U.S. Department of Labor has issued a final rule updating regulations issued under the Fair Labor Standards Act and the Portal-to-Portal Act. Part of the changes include updates to the rules regarding tip credits, which allow employers to pay tipped employees less than the minimum wage as long as the employee's pay plus tip equals the minimum wage. DOL raised the maximum federal tip credit from $4.42 an hour to $5.12 an hour. The rule takes effect 30 days after publication. For more information, see the May 2011 issue of Maryland Employment Law Reporter. April 12.