Two New Bills Signed by Governor McCrory: Unemployment, National Guard Rights

Document created by 1002043 on Sep 16, 2015Last modified by 1002043 on Oct 12, 2015
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george pic for news.jpgTwo bills of interest have been passed by the North Carolina General Assembly (NCGA) and have been signed into law by Governor Pat McCrory.  House Bill 254 (H254) extends protection from discrimination, as well as employment and re-employment rights to NC employees and applicants who are members of National Guard Units in other states.  Specifically, these individuals cannot be denied initial employment, reemployment, retention in employment, promotion, or any benefit by an employer on the basis of such membership, application for membership, performance of service, application for service, or obligation.

 

Senate Bill 15 (S15) makes changes to North Carolina’s unemployment law.  The General Assembly passed a bill (H1069) during the 2013 session that included many of the changes addressed by S15.  This bill, however, would have shortened and staggered the DES (Division of Employment Security) Board of Review members’ terms. The bill also revised how appointments to the board would be made with the Governor appointing one, the House appointing one and the Senate appointing one.  As it currently stands the Governor has authority to appoint all three members subject to confirmation by the General Assembly. McCrory vetoed the bill in June, 2013 and also sued the General Assembly for attempting to usurp his authority to control membership of executive branch boards and commissions (the court has since ruled in the Governor’s favor and the General Assembly appealed).

 

Although S15 is very similar to H1069, compromises were made regarding the Board of Review appointments and term durations.  The Governor signed the bill on September 10, 2015.  Some of this bill’s highlights in addition to the Board of Review appointments and terms are as follows:

 

  • Authorizes the NC Division of Motor Vehicles to disclose Social Security Numbers to DES.
  • Modifies work search requirement by increasing number of job contacts from 2 to 5 per week.
  • Requires claimants to present photo ID to receive benefits.
  • Allows DES to garnish employers’ credit card receipts to collect unpaid unemployment taxes.
  • Changes the duration of benefits from a Min and Max to a set number based upon the Maximum established by 2013 legislation.

 

The Employers Coalition of North Carolina (ECNC) was created to give the business community a more focused avenue of public policy input concerning day to day employer-employee workplace issues. ECNC is a partnership of three North Carolina employers’ associations: CAI (Capital Associated Industries), TEA (The Employers Association) and WCI (Western Carolina Industries) and their 2500 members.

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