May 2024

 

News

Sick Leave Toolkit Updates: Plainfield, New Jersey; New York City; and Seattle, Washington Rules Amended

Our sick leave toolkit, which includes Frequently Asked Questions (FAQs) and model sick leave policies for jurisdictions with sick leave laws, has been updated to reflect the new Plainfield, NJ ordinance, effective July 2016, and updates to ordinances in New York City, New York and Seattle, Washington.

OSHA Raises Reporting Violation Fine and Advises of Random On-Site Inspections in Closed Cases

 In March 2016, the Occupational Safety and Health Administration (OSHA) issued its Revised Procedures, Revised Interim Enforcement Procedures for Reporting Requirements. The Revised Procedures include two significant departures from the previous guidance. 

Federal OSHA Reporting Requirements

New Reporting Requirements

OSHA has expanded the reporting requirements for work-related injuries. 

USCIS Proposes Changes to Form I-9, Instructs Current I-9 to be Used Beyond Expiration Date

The current Form I-9 Employment Eligibility Verification expired on March 31, 2016. The U.S Citizenship and Immigration Services has announced that employers must continue to use the current version until a proposed I-9 is in effect. 

Accelerated Timetable for Proposed Overtime Rule - Tools and Resources Available to Clients

Multiple sources have reported that the US Department of Labor recently sent the proposed overtime rule to the Office of Management and Budget (OMB) for its mandatory review.  

If OMB’s review is completed on an expedited basis, DOL could disseminate the proposed final rule to the public as early as mid-April, with an effective date potentially as early as the beginning of June.  It is also possible that Congress could attempt to delay the effective date.  While the actual release date and the corresponding effective date for the regulations are unknown, most experts agree that the effective date will likely be 60 days from the release date. 

An accelerated timetable may be motivated by political pressures related to the upcoming election and potential changes in the White House and Congress.  For more information on what we have done and what we plan to do to help clients prepare for the new regulations, continue reading.



Supreme Court Rule May Help Establish Pregnancy Discrimination

In a 6-3 decision, in the matter of Young v. United Parcel Service, Inc., the U.S. Supreme Court ruled that if an employer accommodates some employees with disabilities, the failure to offer that same accommodation to an employee with a pregnancy related job restriction might be sufficient proof that the failure to accommodate was motivated by discrimination.  

Supreme Court Ruling Validates DOL’s 2010 Interpretation of the APA

The U.S. Supreme Court has held that the U.S. Department of Labor (“DOL”) did not violate the Administrative Procedure Act (“APA”) when it failed to provide the public with notice and an opportunity to comment before it changes its position on the application of the Fair Labor Standards Act’s administrative exemption to loan officers, finding them newly non-exempt. 

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination

The EEOC recently issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a Questions and Answers document about the Guidance and a Fact Sheet for Small Businesses. We have summarized below some of the more noteworthy parts of the Guidance.

Executive Order Extends Workplace Anti-Discrimination Protections to LGBT Workers of Federal Contractors

President Barack Obama has signed an Executive Order extending protections against workplace discrimination to members of the lesbian, gay, bisexual and transgender (“LGBT”) community.

Circuit Courts Split on Important ACA Provision

Recently two federal appellate courts issued conflicting decisions on an important ACA provision. 
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Regional Alerts

 

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