West Virginia’s ‘second chance’ law takes effect July 7

by John R. Merinar, Jr.

The West Virginia Second Chance for Employment Act, which is aimed at encouraging employers to open the doors of opportunity to certain nonviolent criminal offenders, will become law on July 7.

The new law will allow individuals with certain criminal convictions the opportunity to petition the courts to change their records to show a reduction of their offenses from felonies to misdemeanors. The legislation also includes certain protections for employers that hire applicants with criminal convictions.

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Emanuel nomination called chance to ‘rein in’ Obama-era NLRB

June 29, 2017 - by: Tammy Binford 0 COMMENTS

President Donald Trump’s latest pick for the National Labor Relations Board (NLRB) is another signal that a “reining in” of the panel is on the way, according to attorneys who keep a close watch on the Board.NLRB logo

On June 27, the White House announced that William J. Emanuel, an attorney with the large management-side law firm Littler Mendelson, will be nominated for the remainder of a term expiring on August 27, 2021.

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CBO: Senate GOP health bill cuts deficit, adds to uninsured

June 27, 2017 - by: HR Hero 0 COMMENTS

The Congressional Budget Office (CBO) and the staff of the Joint Committee on Taxation (JCT) have completed an estimate of the direct spending and revenue effects of the Senate’s Better Care Reconciliation Act of 2017.

The CBO and the JCT estimate that enacting the legislation would reduce the cumulative federal deficit by $321 billion from 2017 to 2026. That amount is $202 billion more than the estimated net savings from the American Health Care Act (AHCA), which was passed by the House in May. The additional savings largely come from steeper reductions to Medicaid than those proposed by the House bill as well as changes to the current subsidies for nongroup health insurance provided by the Affordable Care Act (ACA).

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Supreme Court ruling allows ‘travel ban’ Executive Order to take limited effect

June 26, 2017 - by: Holly Jones 0 COMMENTS

On June 26, the last day of the current term, the U.S. Supreme Court agreed to determine whether the “travel ban” Executive Order’s (EO) focus on primarily Muslim countries violates the First Amendment to the U.S. Constitution and whether the EO exceeds President Donald Trump’s authority granted by the Immigration and Nationality Act (INA). The Court will hear the case in its next term, which begins in October. Because of two lower courts’ findings, the EO has been enjoined from taking effect since May.

Meanwhile, the Court also addressed and limited the existing injunctions on the EO. In particular, the EO’s provisions barring entry of people from Iran, Libya, Somalia, Sudan, Syria, and Yemen may take effect, but only for people “who lack any bona fide relationship with a person or entity in the United States.”

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Kaplan nomination called way to ‘stop the bleeding’ at NLRB

June 22, 2017 - by: Tammy Binford 0 COMMENTS

NLRB logoPresident Donald Trump’s announcement that he will nominate Marvin Kaplan, currently chief counsel of the Occupational Safety and Health Review Commission, to one of two vacant seats on the National Labor Relations Board (NLRB) is being hailed by probusiness interests as a way to bring balance to the Board.

Kevin C. McCormick, an editor of Maryland Employment Law Letter and attorney with Whiteford, Taylor & Preston L.L.P. in Baltimore, called the nomination “a smart move” by the Trump administration because Kaplan has the “pedigree” needed for confirmation to and service on the Board.

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Senate releases highly anticipated healthcare bill

June 22, 2017 - by: HR Hero Alerts 0 COMMENTS

Update: On June 27, Senate Majority Leader Mitch McConnell announced that a vote on the Senate bill will be delayed until after the July 4th recess.

Following the May passage in the House of the American Health Care Act (AHCA), the Senate has now released the text of its own draft ACA reform bill.

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Changes to Iowa unemployment benefits coming July 1

by Tara Z. Hall

Several changes related to unemployment benefits in Iowa are set to take effect July 1. The changes are seen as beneficial to employers.

Unemployment and incarceration

An amendment to the Iowa Employment Security Act (IESA) adds a new subsection to the Iowa Code that provides that an employee will be disqualified from receiving benefits if he misses work because of incarceration unless the following four factors are satisfied: read more…

Seattle scheduling law to take effect July 1

by Chelsea Petersen and Stephanie Holstein

An ordinance affecting how large retail and food services employers in Seattle schedule workers is set to take effect July 1.

The ordinance applies to employers in the retail and food services industries (defined broadly to include restaurants, food trucks, bars, and caterers) with 500 or more employees worldwide or, for franchises, within the franchise network. In addition to the 500-employee requirement, full-service restaurants (that is, restaurants where patrons order and are served while seated) are covered by the ordinance only if they have 40 or more physical locations.

Covered employers will have to comply with numerous requirements: read more…

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Iowa workers’ comp changes coming July 1

by Tara Hall and Rebecca Duffy

Changes to Iowa’s workers’ compensation law—changes seen as mostly beneficial to employers—are set to take effect July 1.

The employer-friendly changes to the state’s workers’ comp law include a new provision classifying shoulder injuries as scheduled-member injuries rather than body-as-a-whole injuries, which force an industrial disability analysis. Another change limits compensation for body-as-a-whole injuries to functional disability when the employee returns to work or is offered work at the same or higher pay than he earned at the time of the injury. Another employer-friendly provision places burdens regarding an offer of suitable work on both the employer and the employee.

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All eyes on Philly: Businesses launch second challenge to city’s salary history ban

For a second time, a Philadelphia business group has asked a judge to block the city’s ban on salary history questions, arguing that the law infringes on business’ free-speech rights.

The law also would prevent businesses in the city from keeping pace with competitors, the Chamber of Commerce for Greater Philadelphia said in a statement. “The inevitable consequences will be companies choosing to do business elsewhere and the loss of jobs for city workers.”

The challenge may serve as a test case for similar bans being adopted around the country.

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