DOL appeals overtime rule injunction

December 02, 2016 - by: Kate McGovern Tornone 0 COMMENTS

The U.S. Department of Labor (DOL) announced on December 1 that it will appeal a court’s injunction temporarily halting its new overtime regulations.

A federal judge for the U.S. District Court for the Eastern District of Texas blocked the rules on November 22, calling the regulations “unlawful” and noting that the changes in the rules should be left to Congress.

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Judge clears way for antiretaliation portion of new OSHA rule

November 30, 2016 - by: Tammy Binford 0 COMMENTS

The antiretaliation provisions of the Occupational Safety and Health Administration’s (OSHA) new electronic record-keeping rule are set to be implemented on December 1 after a Texas federal judge denied a request for a preliminary injunction on November 28.

The eventual fate of the rule isn’t known since Judge Sam Lindsay of the U.S. District Court for the Northern District of Texas said his decision to deny the preliminary injunction “is not a comment or indication” on who will ultimately prevail in a lawsuit challenging the rule. “This determination is left for another day,” he wrote in his opinion.

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‘Unlawful’ overtime rule temporarily blocked

November 23, 2016 - by: Kate McGovern Tornone 0 COMMENTS

A federal district court temporarily blocked the U.S. Department of Labor’s (DOL) new overtime rule on November 22, just days before it was scheduled to take effect. The judge who issued the order called the regulation “unlawful” and said such actions should be left to Congress.

At the request of 21 states, the U.S. District Court for the Eastern District of Texas granted an emergency injunction halting the regulation, which would have required employers to pay overtime to employees earning less than $913 per week ($47,476 annually) beginning December 1.

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DOL takes another beating: Court blocks persuader rule

November 18, 2016 - by: Kate McGovern Tornone 0 COMMENTS

A federal district court has permanently blocked a U.S. Department of Labor (DOL) regulation that would have created new requirements for employers looking to keep unions out of their workplaces.

On November 16, the U.S. District Court for the Northern District of Texas granted summary judgment (dismissal without a trial) in favor of business groups and states challenging the so-called persuader rule, finding it “unlawful.” The ruling is the latest in a line of judicial and legislative actions aimed at undoing recent labor and employment initiatives from the Obama administration.

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With Trump win, many employment initiatives in question

November 09, 2016 - by: Kate McGovern Tornone 0 COMMENTS

Recent employment initiatives undertaken by the Obama administration could be in jeopardy under Donald Trump’s presidency, but employers still need to comply with those laws and regulations for now, says one expert.

“In general, things are going to be pretty unpredictable,” said Connor Beatty, an associate with Brann & Isaacson  in Maine and editor of Maine Employment Law Letter. Not only has Trump never held public office, but he’s also changed his position on issues several times, Beatty said.

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Transgender bathroom case makes it to Supreme Court

by Rachael L. Loughlin

On October 28, 2016, the Supreme Court granted the request of the School Board of Gloucester County to consider whether the Court should overturn a decision of the Fourth Circuit Court of Appeals. The Fourth Circuit ordered the School Board to allow Gavin Grimm, who was born female but identifies as male, to use the boys’ restroom during his senior year of high school.

By now, most HR professionals are aware of the ongoing debate as to what restrooms should be available to transgender individuals. Though individual cases are popping up all over the country, none has captured public attention like the case of transgender Gloucester High School student, Gavin Grimm. Grimm is being represented by the American Civil Liberties Union (ACLU), and his lawsuit contends that the School Board’s restroom policy requiring students to use the restroom matching their physical gender, is discriminatory and violates Title IX of the federal education code, which prohibits discrimination on the basis of sex.

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Lawsuit aims to stop EEOC’s new wellness rules

October 25, 2016 - by: Tammy Binford 0 COMMENTS

New rules governing incentives offered as part of employee wellness programs are now the target of a lawsuit from a large advocacy group representing older Americans.   Health history form

AARP filed the suit against the Equal Employment Opportunity Commission (EEOC) in Federal District Court in Washington, D.C., on October 24, arguing that wellness programs can violate employees’ privacy and may not be truly voluntary.

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Texas federal court fast-tracks suit challenging DOL’s overtime rule

October 20, 2016 - by: Kate McGovern Tornone 0 COMMENTS

Update: A ruling on the November 16 injunction hearing is expected on November 22. We will provide coverage on the ruling once it is issued.

A federal district court has agreed to fast-track a lawsuit challenging the U.S. Department of Labor’s (DOL) new overtime regulation. The court has scheduled oral arguments for November 16, just two weeks ahead of the rule’s December 1 effective date.

The rule will more than double the salary threshold for employees. Employees earning less than $913 per week ($47,476 annually) will have to be classified as nonexempt from the Fair Labor Standards Act’s (FLSA) overtime requirements, regardless of whether they meet any of the duties tests.

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OSHA again delays enforcement of new record-keeping rule

The Occupational Safety and Health Administration (OSHA) has once again delayed enforcement of its new record-keeping rule that would, among other things, limit an employer’s ability to conduct postaccident drug and alcohol testing.

As first reported by McAfee Taft attorney Paige Hoster Good, OSHA agreed to delay enforcement of the rule until December 1, 2016. The rule had been scheduled to take effect on November 1, a date settled on after the rule was first scheduled to take effect on August 10.

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States, business groups file suits to halt DOL’s overtime regs

September 21, 2016 - by: HR Hero Alerts 0 COMMENTS

by Kate McGovern Tornone

Twenty-one states and several employer interest groups filed lawsuits against the U.S. Department of Labor (DOL) on September 20 alleging the agency’s new overtime regulations exceed its authority. The suits, however, are not expected to have any success in the near future, and employers would be well served to be in compliance by the December 1, 2016, deadline, according to one expert.

Background

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