EEOC calling for changes to ADA regulations related to wellness programs

April 16, 2015 - by: Tammy Binford 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) has published a Notice of Proposed Rulemaking addressing how employer wellness programs can be in compliance with the Americans with Disabilities Act (ADA).

The EEOC announced the proposed rule on April 16, and it is to be published in the Federal Register on April 20. Members of the public have until June 19 to submit comments. In addition to the notice (available before official publication in the public inspection portion of the Federal Register), the EEOC has published a fact sheet for small businesses and a question-and-answer document.

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Fast-food strikes, NLRB policies take center stage

April 15, 2015 - by: Tammy Binford 1 COMMENTS

A day after the National Labor Relations Board’s (NLRB) controversial “quickie election” rule took effect, low-wage workers across the country took to the streets in an effort to boost their pay and join unions.

The Fight for $15 campaign, supported by the Service Employees International Union (SEIU), set April 15 as the date for the latest round of strikes that began in 2012. The protests include fast-food, homecare, airport, and other low-wage workers, including adjunct professors. Organizers reported that strikes were set for more than 230 cities and college campuses.

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NLRB proceeds with ‘quickie election’ rule implementation

April 07, 2015 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

As the National Labor Relations Board’s (NLRB) controversial “quickie election” rule moves a step closer to implementation, employers are being warned to be ready.

On April 6, NLRB General Counsel Richard F. Griffin Jr. issued a 36-page guidance memo that outlines how new unionization efforts will be processed from the time a union petitions to represent an employer’s workers through certification of the union as a bargaining agent.

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New OFCCP rule on sexual orientation, gender identity takes effect April 8

March 30, 2015 - by: Tony Kessler 0 COMMENTS

by Emily L. Bristol

A new rule that adds “sexual orientation” and “gender identity” to the list of prohibited bases of discrimination under Executive Order 11246 goes into effect on April 8.

The rule, from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), will apply to federal contractors that hold covered contracts entered into or modified on or after April 8.

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Texas judge puts FMLA rule’s new definition of spouse on hold

March 27, 2015 - by: Tammy Binford 0 COMMENTS

For the time being, employers in states that don’t recognize same-sex marriage don’t have to comply with a new rule changing the definition of spouse under the Family and Medical Leave Act (FMLA). The rule was to take effect on March 27, but a federal district judge in Texas issued a temporary injunction on March 26 in response to a challenge from the attorneys general in Texas, Arkansas, Louisiana, and Nebraska.

District Judge Reed O’Connor ruled that the states making the challenge showed a likelihood that they would prevail and that they would be irreparably harmed if the rule were allowed to take effect. If the U.S. Department of Labor’s (DOL) rule is allowed to take effect, it will require employers covered by the FMLA to allow eligible employees to take leave under the Act to care for same-sex spouses.

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Supreme Court clarifies employer obligations related to pregnant workers

March 25, 2015 - by: Tammy Binford 2 COMMENTS

The U.S. Supreme Court ruling in Young v. United Parcel Service means employers need to think twice before treating pregnant employees under job restrictions differently than they treat nonpregnant employees who are similarly unable to perform their jobs temporarily.

In a 6-3 ruling handed down March 25, the Court reached for middle ground between interpretations of the Pregnancy Discrimination Act (PDA) offered by both parties as well as the Equal Employment Opportunity Commission (EEOC). By sending the case back to the lower court, the justices revived the employee’s claim that her treatment violated the PDA.

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Supreme Court decision gives agencies more leeway on rule interpretations

March 09, 2015 - by: Tammy Binford 0 COMMENTS

A U.S. Supreme Court ruling handing the U.S. Department of Labor (DOL) a victory on how it can issue interpretations of its rules has major implications for employers, according to Judith E. Kramer, an attorney with Fortney & Scott, LLC, in Washington, D.C., and an editor of Federal Employment Law Insider.

The Court’s March 9 decision in Perez v. Mortgage Bankers Association means the DOL’s most recent interpretation that mortgage loan officers are eligible for overtime is valid. “The long-term impact of the Court’s decision, however, is much more significant for employers and, more broadly, for any person or entity subject to regulation by federal administrative agencies,” Kramer said.

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‘Quickie election’ rule likely on track despite Senate action

March 05, 2015 - by: HR Hero 0 COMMENTS

The U.S. Senate dealt at least a minor blow to the National Labor Relations Board’s (NLRB) rule aimed at speeding up union elections, but the rule’s April 14 effective date likely is still on track.

On March 4, the Senate voted 53-46 to overturn the rule by using its power under the Congressional Review Act. The House also will vote on the rule. Even if the House votes to overturn it, President Barack Obama has vowed to veto the legislation.

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Spouses of certain H-1B visa workers now eligible for employment authorization

February 25, 2015 - by: Holly Jones 0 COMMENTS

The Department of Homeland Security (DHS) has published final regulations that will extend employment authorization eligibility to spouses of certain nonimmigrant workers who are in the United States on H-1B visas.

The H-1B, or highly-skilled worker, visa is the most commonly discussed and highly sought employment-based nonimmigrant visa. The number of visas available each year is closely capped—20,000 for applicants holding master’s degrees and 65,000 for those holding bachelor’s degrees—so selection is often made using a random lottery. For the 2015 fiscal year, 172,500 applications for H-1B visas were submitted to U.S. Citizenship and Immigration Services.

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New rule extends FMLA rights to more employees in same-sex marriages

February 24, 2015 - by: Tammy Binford 0 COMMENTS

More employees in same-sex marriages will be able to take leave under the federal Family and Medical Leave Act (FMLA) as a result of a new rule taking effect March 27. And while employers in states that recognize same-sex marriage already have been operating under a definition of spouse that includes legally married same-sex partners, employers in other states will need to change their practices.

The U.S. Department of Labor (DOL) issued a final rule that was published in the Federal Register on February 25 that revises the definition of spouse under the law so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member regardless of whether they live in a state that recognizes same-sex marriage, according to the DOL’s explanation of the new rule.

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