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EEOC Officials Field Pointed Questions During Senate Committee Hearing

Tue, 19 May 2015 07:00:00 +0000

The Equal Employment Opportunity Commission's enforcement strategies and ligation history came under fire from Republican members of the Senate Committee on Health, Education, Labor and Pensions on Tuesday. During the hearing to examine the agency's recent activities, EEOC Chair Jenny R. Yang and General Counsel P.

Senators Urge President to issue "Model Employer" Executive Order

Fri, 15 May 2015 07:00:00 +0000

Michael J. Lotito

Ilyse Wolens Schuman

On Friday, May 15, 18 Democratic Senators sent a letter to President Obama calling for him to issue an executive order that would make the federal government a "model employer." The letter is an updated version of letters the Congressional Progressive Caucus has previously sent to the President.

NLRB Chairman Pearce and GC Griffin Face Grilling by Senate Appropriations Committee

Thu, 14 May 2015 07:00:00 +0000

Michael J. Lotito

During a May 14 Senate Appropriations Subcommittee hearing to discuss the National Labor Relations Board's FY 2016 budget, NLRB Chairman Mark Pearce and General Counsel (GC) Richard Griffin indicated the Board has no plans to deviate from the pro-organized labor tack they have been pursuing for quite some time.

Restaurant Franchisor and Franchisee are not Joint Employers, According to NLRB Advice Memo

Tue, 12 May 2015 07:00:00 +0000

Michael J. Lotito

Offering franchisors a glimmer of hope on the joint employment front, the National Labor Relations Board's Office of the General Counsel recently issued a memorandum of advice that concluded a franchisee, franchisor, and the franchisor's development agent were not joint employers under the National Labor Relations Act.

DOL Sends Proposal to Narrow Overtime Exemptions to the White House

Wed, 06 May 2015 07:00:00 +0000

Tammy D. McCutchen

In March 2014, President Obama ordered the U.S.

Bill Seeks to Repeal Excise Tax on "Cadillac" Health Plans

Wed, 29 Apr 2015 07:00:00 +0000

Ilyse Wolens Schuman

An important provision of the Affordable Care Act (ACA) is a new target for repeal. On April 28, 2015, Rep. Joe Courtney (D-CT) introduced legislation (H.R. 2050) to eliminate the 40% excise tax on high-premium "Cadillac" health insurance plans. Set to take effect in 2018, the tax will apply to plans costing more than $10,200 for individual-only coverage, and more than $27,500 for family coverage. Although referred to as a tax on "Cadillac" plans, its impact is far broader and would likely implicate many employer-sponsored plans.

NLRB Quickie Election Rule will not be Halted During Litigation, DC Judge Rules

Fri, 24 Apr 2015 07:00:00 +0000

Ilyse Wolens Schuman

A federal judge in the District of Columbia refused to enjoin the implementation of the National Labor Relations Board's new expedited election rule while the lawsuit to revoke the rule is pending. In essence, the court found that the plaintiffs in Baker DC LLC v. NLRB failed to prove they would suffer irreparable harm if subjected to the final rule's requirements. A copy of the court's order can be found here.

Summary of Recent Significant NLRB Cases Now Available

Thu, 23 Apr 2015 07:00:00 +0000

Littler Shareholder William Emanuel has released his semi-annual report on significant decisions issued by the National Labor Relations Board. The latest report covers notable decisions published in the NLRB's weekly summaries from October 10, 2014, to March 27, 2015. The report discusses key cases addressing 31 separate topic areas, including appropriate bargaining units, joint employment, union access, employer email, rules of conduct, and remedies.

EEOC Issues Proposed Rule Addressing ADA Compliance and Wellness Programs

Thu, 16 Apr 2015 07:00:00 +0000

Ilyse Wolens Schuman

The Equal Employment Opportunity Commission has issued a proposal to provide guidance on how to structure an employee wellness program without running afoul of the Americans with Disabilities Act. The proposed rule would amend ADA regulations and interpretive guidance as they apply to programs that use incentives to encourage employee participation in programs that may include disability-related questions and/or medical examinations.

House and Senate Lawmakers Introduce Last-Ditch Legislative Efforts to Thwart NLRB Election Rule

Tue, 14 Apr 2015 07:00:00 +0000

Ilyse Wolens Schuman

On the day the National Labor Relations Board's contentious "ambush" election rule took effect, members of the House and Senate introduced bills to preserve elements of the previous and long-standing representation election process.

EBSA Issues Much-Anticipated Proposed Fiduciary Rule

Tue, 14 Apr 2015 07:00:00 +0000

Ilyse Wolens Schuman

On April 14, 2015 the Employee Benefits Security Administration unveiled its proposal to re-define who is rendered a "fiduciary" of an employee benefit plan under ERISA by providing investment advice to a plan or its participants or beneficiaries.

OSHA’s New Target for SVEP --- Oil and Gas Well Drilling Operations

Wed, 08 Apr 2015 07:00:00 +0000

Meyling Ly

The Occupational Safety and Health Administration (OSHA) isn’t exactly a new sheriff in town when it comes to the oil and gas industry. Over the past few years, OSHA has relied on several regional emphasis programs for increased scrutiny of this industry.

The NLRB's General Counsel Issues Guidance on the New Accelerated Election Rules

Wed, 08 Apr 2015 07:00:00 +0000

Michael J. Lotito

Elizabeth Parry

On April 14, 2015, the National Labor Relations Board's controversial "quickie election" rule goes into effect. This week, the NLRB's General Counsel, Richard F.

California Legislature: First out of the Starting Gate

Tue, 31 Mar 2015 07:00:00 +0000

Christopher E. Cobey

California's State Legislature is now producing the labor and employment bills that will be the subject of its attention this year.

This year’s primary effort to raise the state’s minimum wage is again set for a hearing in the Senate Labor and Industrial Relations Committee on April 8 (SB 3). Another bill set for hearing would regulate discussion of wages, and would create a comprehensive system for regulating equal pay based on gender in the workplace (SB 358).

President Vetoes Resolution Disapproving of NLRB Election Rule

Tue, 31 Mar 2015 07:00:00 +0000

Ilyse Wolens Schuman

Michael J. Lotito

As predicted, President Obama has vetoed S.J. Res. 8, a joint resolution of disapproval seeking to prevent enforcement of the National Labor Relations Board's so-called "quickie" or "ambush" election rule. Under the Congressional Review Act (CRA), members of the House and Senate can vote in favor of nullifying federal agency rules by a simple majority vote. Both chambers readily approved this resolution in March.

"Vote-a-Rama" for Senate Budget Resolution included Employment Amendments

Fri, 27 Mar 2015 07:00:00 +0000

Ilyse Wolens Schuman

In the early morning of March 27, the Senate passed its version of a budget resolution by a vote of 52-46 after a marathon session of votes on numerous amendments. The so-called "Vote-a-Rama" included votes on measures that likely have no chance of advancing, but serve as political talking points in the months ahead and for the 2016 congressional and presidential elections. The Senate budget resolution process provides Senators an opportunity to secure votes on their amendments with very limited debate so long as the amendment somehow relates to the budget.

Supreme Court Overturns the Fourth Circuit's Decision in Young v. UPS: Remands for Further Consideration

Thu, 26 Mar 2015 07:00:00 +0000

Joseph P. Harkins

Steven E. Kaplan

Eunju Park

On March 25, 2015, the U.S. Supreme Court in Young v.

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Budget Hearing Focuses on Recent NLRB Actions

Wed, 25 Mar 2015 07:00:00 +0000

Michael J. Lotito

On March 24, the National Labor Relation Board’s Chairman Mark Pearce and General Counsel Richard Griffin, Jr. came under fire from a sharply divided group of House members during a budget subcommittee hearing. Members pressed Griffin and Pearce on the recent string of NLRB policies that will have a significant impact on labor policy and the ability of employers to manage their businesses.
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New Bills Address Micro Units, Whistleblowing, Comp Time

Fri, 20 Mar 2015 07:00:00 +0000

Ilyse Wolens Schuman

Labor and employment-related bills are once again becoming popular at the federal level. With less than a month before the April 14 effective date of the National Labor Relations Board's "ambush" election rule, and the same day the House approved a resolution to try to stop the rule's implementation, lawmakers are attempting to shape labor-management relations through other means.
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House Passes Resolution Disapproving of NLRB Election Rule

Thu, 19 Mar 2015 07:00:00 +0000

Ilyse Wolens Schuman

As expected, the House of Representatives voted 232-186 in favor of a joint resolution of disapproval (S.J. Res. 8) seeking to prevent enforcement of the National Labor Relations Board's "quickie" election rule, effective April 14, 2015. The measure was submitted under the Congressional Review Act (CRA), which allows the House or Senate to vote in favor of nullifying federal agency rules by a simple majority vote.
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Bills Providing Paid Leave, Flexible Schedules Introduced

Thu, 19 Mar 2015 07:00:00 +0000

Ilyse Wolens Schuman

On March 18, a handful of bills were introduced that seek to create a national right to paid leave, and entitle employees to request flexible work terms and conditions.
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Overtime, Fiduciary and Blacklisting Rules Discussed During House Committee DOL Budget Hearing

Wed, 18 Mar 2015 07:00:00 +0000

Ilyse Wolens Schuman

The day after the House Appropriations Committee held a hearing to discuss the Department of Labor's budget proposal for FY 2016, a separate House committee put Labor Secretary Thomas Perez in the hot seat over the same issue.
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Labor Secretary Discusses Priorities During Budget Hearing

Tue, 17 Mar 2015 07:00:00 +0000

Ilyse Wolens Schuman

Members of the House Committee on Appropriations on Tuesday asked Labor Secretary Thomas Perez about various Department of Labor plans and initiatives during a hearing to discuss the department's fiscal year 2016 budget request. Under the President's FY 2016 request, the DOL would receive $13.2 billion in discretionary funding.
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"Utah Compromise" Prohibits Employment Discrimination Based on Sexual Orientation and Gender Identity

Sun, 15 Mar 2015 07:00:00 +0000

Denise M. Visconti

On March 12, 2015, Gov. Gary Herbert of Utah signed into law S.B. 296, making Utah the 22nd state to prohibit discrimination in employment based on sexual orientation and the 19th state to prohibit discrimination in employment based on gender identity (plus the District of Columbia). Called the "Utah Compromise," the bill was supported by a large margin of Utah legislators – the majority of whom are members of the Republican Party – and leaders of the Church of Jesus Christ of Latter-day Saints.
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End of Comment Period Nears for Proposed Changes to Payroll Cards

Fri, 13 Mar 2015 07:00:00 +0000

William Hays Weissman

On December 23, 2014, the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking (NPRM) that seeks to regulate a number of prepaid products under Regulation E (a federal banking regulation), including payroll cards. While payroll cards already are subject to Regulation E, the NPRM would impose a number of new requirements on financial institutions that issue payr
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OSHA Issues Proposed Changes to Eye and Face Protection Standards

Thu, 12 Mar 2015 07:00:00 +0000

Ilyse Wolens Schuman

The Occupational Safety and Health Administration has issued a proposed rule revising its eye and face protection standards applicable to a number of industries. The purpose of the amended rule is to incorporate by reference the most recent versions of the American National Standards Institute (ANSI) Occupational and Educational Eye and Face Protection standard.
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Agencies Need Not Engage in Notice-and-Comment for Interpretive Rule Changes

Mon, 09 Mar 2015 07:00:00 +0000

Ilyse Wolens Schuman

Employers hoping the U.S. Supreme Court would rein in federal agency rulemaking will be disappointed by the Court's opinion in Perez v. Mortgage Bankers Association issued this morning. In the decision, which was consolidated with Nickols v. Mortgage Bankers Association, the Court held that agencies do not need to provide notice to the public and solicit input before reversing course on their own interpretive guidance.
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Proposed Rule Implementing Contractor "Blacklisting" Executive Order Advances

Mon, 09 Mar 2015 07:00:00 +0000

Maury Baskin

Michael J. Lotito

On March 6, federal agencies charged with carrying out the Fair Pay and Safe Workplaces Executive Order (EO) submitted their proposed rule to the Office of Management and Budget (OMB) for review, signaling its imminent release.
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House and Senate Consider Resolution Disapproving of NLRB Election Rule

Wed, 04 Mar 2015 08:00:00 +0000

Michael J. Lotito

The same day the Senate advanced a joint resolution (S.J. Res. 8) seeking to block implementation of the National Labor Relations Board's expedited election rule, the House Subcommittee on Health, Employment, Labor, and Pensions, held a hearing to discuss a companion measure (H.J. Res. 29). Both resolutions are attempts to use the Congressional Review Act (CRA) to void the Board's rule.
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Lawmakers Introduce Legislation Providing Clarity on Employee Wellness Programs

Tue, 03 Mar 2015 08:00:00 +0000

Ilyse Wolens Schuman

Michael J. Lotito

As promised during a Senate hearing conducted earlier this year, members of the House and Senate have introduced a bill seeking to reduce the legal uncertainly in administering employee wellness programs. The Preserving Employee Wellness Programs Act (H.R. 1189, S.
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Joint Subcommittee Hearing Examines Impact of Contractor "Blacklisting" Executive Order

Thu, 26 Feb 2015 08:00:00 +0000

Maury Baskin

A new Executive Order (EO) that imposes new and onerous obligations and risks on federal contractors was the subject of a House joint subcommittee hearing on Thursday. The Subcommittee on Workforce Protections and the Subcommittee on Health, Employment, Labor, and Pensions heard testimony on the impact Executive Order 13673 will have on federal contractors and subcontractors.
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White House and DOL Begin Revised Fiduciary Rule Marketing Campaign

Mon, 23 Feb 2015 08:00:00 +0000

Ilyse Wolens Schuman

On Monday, the White House and the Department of Labor publicized efforts to target conflicts of interest in managing employee retirement funds. In essence, the Administration is promoting the DOL's much–beleaguered proposal to more broadly define who constitutes a “fiduciary” for the purposes of rendering investment advice under the Employee Retirement Income Security Act (ERISA).
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Federal Paid Sick Leave Bill Reintroduced

Fri, 13 Feb 2015 08:00:00 +0000

Michael J. Lotito

As expected, lawmakers in both chambers reintroduced the Healthy Families Act (H.R. 932, S. 497), a bill that would allow most private-sector employees to earn up to seven days of paid sick leave per year. The law would apply to employers with 15 or more employees, and permit workers to accrue an hour of paid leave for every 30 hours worked, up to a maximum of 56 hours per year. Smaller employers would be required to provide unpaid leave.
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NLRB's General Counsel Issues More Complaints Against Franchisor as Joint Employer

Fri, 13 Feb 2015 08:00:00 +0000

Michael J. Lotito

Less than two months after the National Labor Relations Board's Office of the General Counsel filed a series of unfair labor practice complaints against McDonald's USA LLC as a joint employer with several of its franchises, the office has issued six new complaints involving 23 charges against the franchisor.
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Senate Hearing Focused on NLRB Expedited Election Rule

Wed, 11 Feb 2015 08:00:00 +0000

Ilyse Wolens Schuman

Michael J. Lotito

The National Labor Relations Board's new "quickie" election rule—set to take effect on April 14, 2015—will detrimentally impact both employers and employees, according to many witnesses testifying at a Senate Committee on Health, Education, Labor and Pensions (HELP) hearing.
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Senate Hearing Focuses on Definition of Joint Employment

Thu, 05 Feb 2015 08:00:00 +0000

Michael J. Lotito

The implications of an expanded definition of "joint employer" under the National Labor Relations Act was the topic of debate among Senators and panelists during a Thursday hearing held by the Committee on Health, Education, Labor and Pensions. According to Chairman Lamar Alexander (R-TN), if the National Labor Relations Board decides to adopt the NLRB General Counsel's position on joint employment in the pending Browning-Ferris case, this move "would destroy business opportunities for about 700,000 Americans."
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New Efforts to Defeat the NLRB's Expedited Election Rule Expected

Wed, 04 Feb 2015 08:00:00 +0000

Michael J. Lotito

As the April 14, 2015 effective date for the National Labor Relations Board's so-called "quickie election" rule approaches, lawmakers opposed to this rule are expected to take every action within their power to stop its implementation. One option—filing a resolution of disapproval under the Congressional Review Act (CRA)—is expected to happen as early as next week.
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EEOC Releases Enforcement and Charge Statistics for FY 2014

Wed, 04 Feb 2015 08:00:00 +0000

Ilyse Wolens Schuman

The number of discrimination charges filed with the Equal Employment Opportunity Commission that included allegations of retaliation reached an all-time high in FY 2014, according to newly released enforcement and litigation statistics. Of the 88,778 charges filed with the EEOC from October 1, 2013 through September 30, 2014, 42.8% included retaliation claims.
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House Votes to Repeal the Affordable Care Act

Tue, 03 Feb 2015 08:00:00 +0000

Ilyse Wolens Schuman

In a "message" vote, the Republican-led House of Representatives elected to repeal the Affordable Care Act in its entirety. The move is considered symbolic, as the Senate lacks the 60 votes needed to avoid an almost certain filibuster, and the President has vowed to veto any repeal measure. The final vote on H.R. 596 was 239 - 186 along party lines.
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Budget Proposal Seeks Funds for Paid Leave Programs, Whistleblower Protection, Wage & Hour Enforcement

Mon, 02 Feb 2015 08:00:00 +0000

Ilyse Wolens Schuman

As promised during last month's State of the Union Address, President Obama's budget proposal for Fiscal Year 2016 allocates funding to a number of initiatives designed to promote "middle class economics." The Department of Labor alone would receive $13.2 billion in discretionary funding, part of which would go to enhancing wage and hour law enforcement, protecting wh
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EEOC Must Provide Clarity on Wellness Programs, Senate Hearing Panelists Testify

Thu, 29 Jan 2015 08:00:00 +0000

Ilyse Wolens Schuman

Recent actions by the Equal Employment Opportunity Commission (EEOC) were under scrutiny during Thursday’s Senate hearing on wellness programs. The EEOC bore the brunt of the criticism unleashed during the hearing for acting at odds with provisions the Affordable Care Act (ACA) to promote the use of such programs. Both Democratic and Republican members of the Committee on Health, Education, Labor and Pensions advocated employer-provided wellness programs, and asked witnesses to explain the difficulties they have faced in implementing such programs.
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OFCCP Issues Proposed Rule Revising Sex Discrimination Guidelines

Wed, 28 Jan 2015 08:00:00 +0000

Michael L. Childers

Alissa A. Horvitz

By Michael Childers and Alissa Horvitz
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Senate Hearing Discusses Affordable Care Act Definition of "Full-Time"

Thu, 22 Jan 2015 08:00:00 +0000

Ilyse Wolens Schuman

During the first employment-related hearing conducted by the new Senate Committee on Health, Education, Labor and Pensions (HELP), Senators and panelists debated whether the Affordable Care Act's definition of "full-time" employment should be amended. Under the healthcare law’s employer responsibility requirements, employers with at least 100 full-time or full-time equivalent employees are now required to provide health insurance meeting certain ACA standards to their full-time employees or pay a penalty.
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President Outlines "Middle-Class Economics" Narrative in SOTU

Wed, 21 Jan 2015 08:00:00 +0000

Ilyse Wolens Schuman

During last night's State of the Union address, President Obama touched on a number of employment and benefits-related topics that fit into his theme of promoting "middle-class economics." Although it is up to the new Congress to act on any of the President's proposals, the list of potential initiatives indicates the Administration's priorities over the remaining two years of this presidency.
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Federal Court Vacates Second and Final Major Provision of the Department of Labor's Home Care Rule

Wed, 14 Jan 2015 08:00:00 +0000

On Wednesday, January 14, 2015, the U.S. District Court for the District of Columbia vacated the U.S. Department of Labor's new rule that purported to narrow the definition of "companionship services" exempt from overtime under the Fair Labor Standards Act. Rejecting the DOL's arguments in support of the new rule, the court found that the statutory exemption of home care companions "clearly targets workers who provide services to those who need care. . . .
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House Approves New ACA Amendment

Mon, 12 Jan 2015 08:00:00 +0000

Ilyse Wolens Schuman

Continuing its efforts to chip away at the Affordable Care Act, the House of Representatives on Monday voted 401-0 to exempt emergency service volunteers from the 50-employee threshold triggering the healthcare law's pay-or-play mandate. Last week, the House unanimously approved a similar measure exempting veterans covered under TRICARE or comparable insurance from being counted as an employee for ACA's shared responsibility purposes.
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House Passes 40-Hour Workweek Bill, but Enactment Far From Certain

Thu, 08 Jan 2015 08:00:00 +0000

Ilyse Wolens Schuman

On Thursday, the House of Representatives readily approved by a vote of 252-172 the Save American Workers Act of 2015 (H.R. 30), a bill that would increase from 30 to 40 the number of hours an employee must work per week to be considered "full-time" under the Affordable Care Act (ACA).
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House Approves Bill Exempting Certain Employees from ACA Threshold

Tue, 06 Jan 2015 08:00:00 +0000

Ilyse Wolens Schuman

As expected, the 114th Congress began its term by attacking provisions of the Affordable Care Act (ACA). On Tuesday, the House of Representatives voted unanimously in favor of the Hire More Heroes Act of 2015 (H.R. 22), a bill that would exempt employees covered under TRICARE or other health insurance provided by the Veterans Administration from being counted toward the Affordable Care Act's 50-employee employer mandate threshold.
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EEOC to Hold Public Meeting on Workplace Harassment

Tue, 06 Jan 2015 08:00:00 +0000

Ilyse Wolens Schuman

The Equal Employment Opportunity Commission has announced it will hold a public meeting to discuss how to prevent and address workplace harassment. The meeting is scheduled to take place next Wednesday, January 14, 2015 at 9:30 a.m. ET in the Commission Meeting Room, located on the first floor of the EEOC Office Building, 131 "M" Street, NE, Washington, D.C. 20507. Individuals interested in attending the meeting are advised to arrive at least 30 minutes in advance, as seating is limited.
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Ready For Another Round? The California Legislature Reconvenes for its 2015-2016 Regular Session

Mon, 05 Jan 2015 08:00:00 +0000

Christopher E. Cobey

The week of January 5 marks the practical beginning of California's new legislative session.
The Final, Final Election Returns
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