SCOTUS nominee ‘excellent’ choice for employers

February 01, 2017 - by: Kate McGovern Tornone 0 COMMENTS

President Donald Trump’s nomination of Judge Neil Gorsuch to the U.S. Supreme Court’s vacant seat may be good news for employers, according to employment law attorneys.

Gorsuch is known for adhering to the letter of the law, which means he won’t create any new rights through judicial activism, according to John Husband, a senior partner at Holland & Hart in the judge’s hometown of Denver.

Trump announced his pick January 31, calling Gorsuch “a man who our country really needs—and needs badly—to ensure the rule of law and the rule of justice.”

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Republican ACA proposal poses challenges for multistate employers

January 25, 2017 - by: Kate McGovern Tornone 0 COMMENTS

A group of Republican senators has proposed a replacement bill for the Affordable Care Act (ACA) that would allow states to choose whether to keep Obamacare’s provisions in place. Because employers’ requirements would depend on where employees work, compliance could be a real challenge for companies with operations in multiple states, according to the Society for Human Resource Management (SHRM).

The bill is seemingly an attempt to gain bipartisan support, but lawmakers on both sides have expressed dissatisfaction with its provisions, said Chatrane Birbal, SHRM’s senior adviser for government relations.

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Puzder nomination could be the end of overtime rules

December 13, 2016 - by: Kate McGovern Tornone 0 COMMENTS

The president-elect’s nomination of Andy Puzder for secretary of labor may very well be the final nail in the coffin for the new overtime rules.

Puzder, CEO of CKE Restaurants, has been an outspoken critic of President Barack Obama’s employment initiatives for years. Several of those efforts, especially the overtime rules, are dead given Puzder’s appointment, says John Husband, a partner at Holland & Hart LLP and an editor of Colorado Employment Law Letter.

The overtime regulations, which would have required employers to pay overtime to all employees earning less than $913 per week ($47,476 annually), were scheduled to take effect December 1. With just days to spare, a federal district court judge issued a temporary injunction halting the rules’ implementation. The U.S. Department of Labor (DOL) appealed the injunction order to the U.S. 5th Circuit Court of Appeals, which agreed to fast-track its review. Still, the expedited schedule puts final briefings after the inauguration.

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Obama’s Supreme Court nominee may not be a friend to employers

March 16, 2016 - by: HR Hero 0 COMMENTS

On March 16, President Barack Obama announced his nominee for the U.S. Supreme Court vacancy left by the passing of Justice Antonin Scalia. Obama’s nominee, Judge Merrick Garland, was appointed to the U.S. Court of Appeals for the District of Columbia Circuit in 1997 and has served as chief judge since 2013.

Battle lines over when confirmation hearings will be held were immediately drawn between Obama and Senate Republicans. If the nomination is considered by the Senate before the end of Obama’s second term, employers may be interested in understanding where Garland will likely come out on employment-related issues.

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Cybersecurity bill gives employers plenty to consider

November 02, 2015 - by: Tammy Binford 0 COMMENTS

Safety concept: blue Padlock on digital backgroundThe U.S. House and Senate have both passed versions of a cybersecurity bill that would enable companies to voluntarily share information on cyberattacks. The likelihood that some form of the measure will soon become law means employers need to consider whether or how they should participate.

The Senate passed the Cybersecurity Information Sharing Act on October 27. A similar bill passed the House earlier this year. Differences between the House and Senate versions will have to be reconciled before going to President Barack Obama for his expected signature.

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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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Controversial EEOC official reconfirmed as general counsel

December 03, 2014 - by: Tammy Binford 0 COMMENTS

P. David Lopez, general counsel of the Equal Employment Opportunity Commission (EEOC), won confirmation for another four-year term on a 53-43 Senate vote on December 3. The Senate also voted 93-2 to confirm Charlotte Burrows to a seat on the commission.

Lopez became the agency’s general counsel in April 2010. Before taking the general counsel post, he held various EEOC positions during a two-decade career with the agency.

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Employers await effects of Executive Order on immigration

November 21, 2014 - by: Tammy Binford 0 COMMENTS

While political wrangling over President Barack Obama’s newest Executive Order rages, employers need to understand the impact the immigration order will have on their workplaces.

Obama announced what he’s calling the Immigration Accountability Executive Actions in an address November 20. A fact sheet from the White House says the order will “crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay their fair share of taxes as they register to temporarily stay in the U.S. without fear of deportation.”

Obama’s plan includes three main elements: (1) increased border security, (2) an emphasis on deporting people deemed a threat to national security and public safety, such as suspected terrorists, violent criminals, gang members, and recent border crossers, and (3) an expansion of a program allowing undocumented immigrants to temporarily stay in the United States if they register, pass background checks, and pay taxes.

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Despite Senate passage, ENDA faces another hurdle

November 05, 2013 - by: Tammy Binford 1 COMMENTS

by Tammy Binford

Although the U.S. Senate voted in favor of the Employment Non-Discrimination Act (ENDA) on November 7, final passage of the bill, which would prohibit employers from discriminating against employees and applicants based on their sexual orientation and gender identity,  faces an obstacle in the House.

The Senate voted 64-32 to pass the bill, with 10 Republicans joining all Democrats in voting for the measure. The November 7 vote followed a 61-30 vote on November 4 that allowed the bill to go to a vote instead of being stalled by a filibuster.

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Senate ready to take up NLRB nominations

July 25, 2013 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

The full Senate is expected to vote on all five nominations to the National Labor Relations Board (NLRB) within the next few days, a move that could give the NLRB its full membership confirmed by the Senate for the first time in more than a decade.

The Senate Committee on Health, Education, Labor, and Pensions held a hearing on the nominations of Democrats Kent Hirozawa and Nancy Schiffer on July 23, and on July 24, it voted 13-9 to send their nominations to the full Senate.

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