Advocacy groups challenge Trump’s 2-for-1 regulation requirement

February 09, 2017 - by: Kate McGovern Tornone 0 COMMENTS

Three liberal advocacy groups have filed a lawsuit alleging that President Donald Trump’s 2-for-1 regulation mandate violates the U.S. Constitution and directs agencies to violate federal law.

In a January 30 Executive Order, Trump instructed federal agencies to cut two regulations for every new one issued during the current fiscal year. He said the order is aimed at alleviating the regulatory burdens businesses face.

Now, consumer group Public Citizen is challenging the Executive Order, joined by the Natural Resources Defense Council and the Communications Workers of America. In a February 8 complaint, the groups alleged the order violates the Constitution and requires federal agencies to violate both the laws they implement and the Administrative Procedure Act.

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Missouri governor signs new right-to-work law

by Bob Kaiser, Daniel O’Toole, and Jeremy Brenner

As anticipated, the Missouri Legislature has once again passed a right-to-work law. However, unlike the two prior right-to-work measures passed by the legislature but vetoed by former Governor Jay Nixon, the version passed on February 2 was signed into law by newly elected Governor Eric Greitens on February 6. Missouri has now become the 28th right-to-work state.

Law’s key provisions

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Stakeholders get more time to comment on EEOC’s harassment guidance

February 06, 2017 - by: Kate McGovern Tornone 0 COMMENTS

Stakeholders now have until March 21 to comment on proposed antiharassment guidance from the Equal Employment Opportunity Commission (EEOC).

The move is in line with the new administration’s overall approach of pausing Obama administration initiatives and taking time to evaluate them, said Jonathan Mook, a founding partner of DiMuro Ginsberg PC and an editor of Virginia Employment Law Letter. Given the change in administration, it makes sense to provide stakeholders more time, he said.

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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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DOL’s health insurance marketplace form is now expired . . . but fear not

February 01, 2017 - by: HR Hero Alerts 0 COMMENTS

Employers have a lot to worry about these days. Fortunately, the expiration of the marketplace notice form issued by the U.S. Department of Labor (DOL) isn’t something else to add to the list.

The form, New Health Insurance Marketplace Coverage Options and Your Health Coverage, comes in two versions: one for employers that offer some sort of health coverage and one for employers that don’t. Both versions of the form expired on Tuesday, January 31.

The DOL hasn’t issued new versions, and with the future of the Affordable Care Act (ACA) in doubt, it’s unclear whether the agency will. Fortunately, employers may continue using the old versions of the forms for now without risk of penalty.

Trump aims to help businesses with 2-for-1 regulatory plan

January 31, 2017 - by: Kate McGovern Tornone 0 COMMENTS

On January 30, President Donald Trump signed an Executive Order directing federal agencies to cut two regulations for every new one issued during the current fiscal year (FY). The move is aimed at alleviating regulatory burdens on both small and large businesses, Trump said while signing the order.

The order says that unless prohibited by law, an agency must identify at least two existing regulations to repeal each time it proposes or finalizes a new regulation. “If you have a regulation you want—number one, we’re not going to approve it because it’s already been approved probably in 17 different forms, but if we do—the only way you have a chance is, we have to knock out two regulations for every new regulation,” he said.

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With ‘no-brainer’ appointment, Lipnic will head EEOC

January 27, 2017 - by: Kate McGovern Tornone 0 COMMENTS

President Donald Trump has chosen Victoria A. Lipnic to serve as acting chair of the Equal Employment Opportunity Commission (EEOC), the agency announced on January 25. She will replace Jenny Yang as chair, but Democrats still will retain a majority on the commission for some time.

Lipnic’s appointment was “a no-brainer,” says Jonathan Mook, a founding partner at DiMuro Ginsberg PC and an editor of Virginia Employment Law Letter. “It makes so much sense,” he said, adding that both employers and employees should fare well under her leadership. “She has a very good track record of working well with the Democratic appointees to achieve the goals of equal employment opportunity.”

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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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Trump takes aim at ACA on first day in office

January 23, 2017 - by: Kate McGovern Tornone 0 COMMENTS

Following his inauguration on January 20, President Donald Trump signed his first round of Executive Orders, including one directing federal agencies to ease enforcement of some Affordable Care Act (ACA) requirements.

Trump told agencies to “waive, defer, grant exemptions from, or delay the implementation of”ACA provisions that impose fees or other burdens on a range of stakeholders, including individuals and health insurers.

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Supreme Court will consider class action waivers

January 20, 2017 - by: Kate McGovern Tornone 0 COMMENTS

The U.S. Supreme Court has agreed to hear a trio of wage and hour cases involving arbitration agreements that require workers to waive their right to pursue employment claims as a group.

In recent years, the validity of such waivers has divided federal appeals courts and drawn the attention of the National Labor Relations Board (NLRB). The Board has held several times that even though federal law allows employers to adopt mandatory arbitration agreements, the National Labor Relations Act (NLRA) grants workers the nonwaivable right to pursue claims on a class or collective basis.

The NLRB first reached that conclusion in 2012, holding that an employer’s arbitration agreement violated the NLRA because it required employees to agree to dispute claims individually. The employer appealed to the U.S. 5th Circuit Court of Appeals, which reversed the Board’s ruling. D.R. Horton, Inc. v. NLRB, 737 F.3d 344 (5th Cir., 2013).

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