http://www.lawupdates.com en LawUpdates.com, LLC Copyright 2014 2014-01-27T12:27:05+00:00 http://www.lawupdates.com/summary/nursing_home_offered_deaf_applicant_a_job_but_reneged_federal_agency_charge/ http://www.lawupdates.com/summary/nursing_home_offered_deaf_applicant_a_job_but_reneged_federal_agency_charge/ New Statutes, Regulations, and Rules || Equal Employment Opportunity Commission v. Genesis Healthcare LLC || Genesis HealthCare, LLC, the owner of Holly Manor Center nursing facility in Mendham, N.J., violated federal anti-discrimination law when it refused to hire an applicant for its food service department because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. employment_new-statutes-regulations-and-rules 2014-01-27T11:27:05+00:00 http://www.lawupdates.com/summary/fairness_for_community_job_creators_act_introduced_to_fix/ http://www.lawupdates.com/summary/fairness_for_community_job_creators_act_introduced_to_fix/ New Proposed Legislation || Fairness for Community Job Creators Act || Financial Institutions and Consumer Credit Subcommittee Chairman Shelley Moore Capito (R-WV) and Financial Services Committee Chairman Jeb Hensarling (R-TX) have introduced the Fairness for Community Job Creators Act, legislation that fixes a provision in the Volcker Rule that harms community banks. employment_new-proposed-legislation 2014-01-15T21:39:29+00:00 http://www.lawupdates.com/summary/federal_agencies_renew_agreement_strengthening_enforcement_of_federal_secto/ http://www.lawupdates.com/summary/federal_agencies_renew_agreement_strengthening_enforcement_of_federal_secto/ New Statutes, Regulations, and Rules || Memorandum of Understanding Between U.S. Office of Special Counsel And Equal Employment Opportunity Commission || Jacqueline Berrien, chair of the U.S. Equal Employment Opportunity Commission (EEOC), and Carolyn Lerner, head of the U.S. Office of Special Counsel (OSC), have signed a renewed Memorandum of Understanding (MOU) to enhance efficiency and enforcement of federal sector equal employment opportunity laws. employment_new-statutes-regulations-and-rules 2014-01-15T00:21:05+00:00 http://www.lawupdates.com/summary/upper_big_branch_corrective_actions_to_be_implemented_as_sched/ http://www.lawupdates.com/summary/upper_big_branch_corrective_actions_to_be_implemented_as_sched/ New Statutes, Regulations, and Rules || An Independent Panel Assessment of an Internal Review of MSHA Enforcement Actions at the Upper Big Branch Mine South || The U.S. Department of Labor's Mine Safety and Health Administration has announced that, as of Dec. 31, 2013, the agency had addressed the 100 recommendations published in a March 2012 internal review report, meeting the specific timetables and deadlines it had set for implementation of each recommendation. employment_new-statutes-regulations-and-rules 2014-01-14T23:35:28+00:00 http://www.lawupdates.com/commentary/second_circuit_denies_class_arbitration_for_low-value_employment_claims/ http://www.lawupdates.com/commentary/second_circuit_denies_class_arbitration_for_low-value_employment_claims/ Expert Legal Commentary || By Jeremy Gray || The Second Circuit has upheld a waiver of class arbitration under the Federal Labor Standards Act. In Sutherland v. Ernst & Young LLP, No. 12-304 (2d Cir. Aug. 9, 2013), the Court found that the high cost of pursuing individual arbitration in light of a very low-value claim was not… employment 2014-01-13T23:59:07+00:00 http://www.lawupdates.com/summary/obama_administration_proposes_adjustments_to_excepted_benefits_regula/ http://www.lawupdates.com/summary/obama_administration_proposes_adjustments_to_excepted_benefits_regula/ New Statutes, Regulations, and Rules || Amendments to Excepted Benefits || The U.S. Departments of Labor, Health and Human Services, and Treasury have proposed rules that would adjust regulations under the Health Insurance Portability and Accountability Act of 1996 regarding excepted benefits to include employee assistance programs (EAPs). employment_new-statutes-regulations-and-rules 2013-12-31T12:10:22+00:00 http://www.lawupdates.com/summary/house_judiciary_committee_approves_bill_to_expand_e-verify_n/ http://www.lawupdates.com/summary/house_judiciary_committee_approves_bill_to_expand_e-verify_n/ New Proposed Legislation || Legal Workforce Act || The House Judiciary Committee has approved the Legal Workforce Act (H.R. 1772) in a vote of 22-9. Sponsored by Congressman Lamar Smith (R-Texas), the bipartisan bill discourages illegal immigration by ensuring jobs are only made available to those legally authorized to work in the U.S. employment_new-proposed-legislation 2013-12-19T22:04:55+00:00 http://www.lawupdates.com/summary/osha_announces_proposed_new_rule_to_improve_tracking_of_workplace_injuries_/ http://www.lawupdates.com/summary/osha_announces_proposed_new_rule_to_improve_tracking_of_workplace_injuries_/ New Statutes, Regulations, and Rules || Proposed Rule on Improving Tracking of Workplace Injuries and Illnesses || The Occupational Safety and Health Administration has issued a proposed rule to improve workplace safety and health through improved tracking of workplace injuries and illnesses. employment_new-statutes-regulations-and-rules 2013-11-19T22:31:02+00:00 http://www.lawupdates.com/commentary/isun_capital_partners_iii_lp_v._new_england_teamsters_i_first_circuit_targe/ http://www.lawupdates.com/commentary/isun_capital_partners_iii_lp_v._new_england_teamsters_i_first_circuit_targe/ Expert Legal Commentary || By Jeremy Gray || The First Circuit recently made it easier for multiemployer pensions to collect unfunded pension liabilities from the private equity owners of troubled companies. In Sun Capital Partners III, LP v. New England Teamsters & Trucking Ind. Pension Fund, No. 12-2312 (1st Cir. July 24, 2013), the Court adopted the “investment… employment 2013-10-21T20:43:22+00:00 http://www.lawupdates.com/summary/us_department_of_labor_publishes_final_rule_implementing_the_byrd_amendment/ http://www.lawupdates.com/summary/us_department_of_labor_publishes_final_rule_implementing_the_byrd_amendment/ New Statutes, Regulations, and Rules || Regulations Implementing the Byrd Amendments to Black Lung Benefits Act: Determining Coal Miners’ and Survivors’ Entitlement || The U.S. Department of Labor's Office of Workers' Compensation Programs has announced the final rule implementing amendments to the Black Lung Benefits Act passed by Congress in 2010. Commonly called the Byrd Amendments after their sponsor, the late Senator Robert C. Byrd, the amendments re-instate two provisions regarding coal miners'… employment_new-statutes-regulations-and-rules 2013-09-27T18:03:25+00:00 http://www.lawupdates.com/summary/new_guidance_issued_by_u.s._labor_department_on_same-sex_marriages_and_empl/ http://www.lawupdates.com/summary/new_guidance_issued_by_u.s._labor_department_on_same-sex_marriages_and_empl/ New Statutes, Regulations, and Rules || Guidance to Employee Benefit Plans on the Definition of "Spouse" and "Marriage" under ERISA and the Supreme Court's Decision || The U.S. Department of Labor has announced new guidance interpreting the Supreme Court's decision in United States v. Windsor. employment_new-statutes-regulations-and-rules 2013-09-25T17:56:59+00:00 http://www.lawupdates.com/summary/minimum_wage_overtime_protections_extended_to_direct_care_workers_by_u.s/ http://www.lawupdates.com/summary/minimum_wage_overtime_protections_extended_to_direct_care_workers_by_u.s/ New Statutes, Regulations, and Rules || Application of the Fair Labor Standards Act to Domestic Service || Fulfilling a promise by President Obama to ensure that direct care workers receive a fair day’s pay for a fair day’s work, the U.S. Department of Labor has issued a final rule extending the Fair Labor Standards Act’s minimum wage and overtime protections to most of the nation’s workers who… employment_new-statutes-regulations-and-rules 2013-09-23T17:23:19+00:00 http://www.lawupdates.com/summary/federal_judge_finds_retail_giants_dismissal_of_muslim_employee/ http://www.lawupdates.com/summary/federal_judge_finds_retail_giants_dismissal_of_muslim_employee/ New Statutes, Regulations, and Rules || EEOC & Khan v. Abercrombie & Fitch Stores, Inc. et al. || A federal judge has found clothing giant Abercrombie & Fitch liable for religious discrimination when it fired Muslim employee Umme-Hani Khan for wearing her hijab (religious headscarf), according to the U.S. Equal Employment Opportunity Commission (EEOC). employment_new-statutes-regulations-and-rules 2013-09-11T16:13:02+00:00 http://www.lawupdates.com/summary/kmart_rejected_applicant_who_needed_a_reasonable_accommodation_for_his_kidn/ http://www.lawupdates.com/summary/kmart_rejected_applicant_who_needed_a_reasonable_accommodation_for_his_kidn/ New Statutes, Regulations, and Rules || EEOC v. Kmart Corporation; Sears Holdings Management Corporation; Sears Holding Corporation || Kmart Corporation, a leading national retailer, violated federal law by refusing to employ as a store associate an individual with a disability who needed a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed last week. employment_new-statutes-regulations-and-rules 2013-09-10T15:35:26+00:00 http://www.lawupdates.com/summary/us_labor_department_announces_final_rules_to_improve_employment_of_ve/ http://www.lawupdates.com/summary/us_labor_department_announces_final_rules_to_improve_employment_of_ve/ New Statutes, Regulations, and Rules || OFCCP Final Rule to Improve Job Opportunities for Protected Veterans || The U.S. Department of Labor has announced two final rules to improve hiring and employment of veterans and for people with disabilities. employment_new-statutes-regulations-and-rules 2013-08-29T20:55:54+00:00 http://www.lawupdates.com/summary/u.s._labor_department_issues_ofccp_final_rule_to_improve_job_opportunities/ http://www.lawupdates.com/summary/u.s._labor_department_issues_ofccp_final_rule_to_improve_job_opportunities/ New Statutes, Regulations, and Rules || OFCCP Final Rule to Improve Job Opportunities for Individuals with Disabilities || On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced a Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) at 41 CFR Part 60-741. employment_new-statutes-regulations-and-rules 2013-08-29T18:32:17+00:00 http://www.lawupdates.com/summary/anti-age_discrimination_legislation_re-introduced_in_light/ http://www.lawupdates.com/summary/anti-age_discrimination_legislation_re-introduced_in_light/ New Proposed Legislation || The Protecting Older Workers Against Discrimination Act || Iowa Senators Tom Harkin and Chuck Grassley joined with Senator Patrick Leahy (D-VT) in reintroducing legislation that addresses the Supreme Court’s decision in Gross v. FBL Financial and ensures vital civil rights protections for workers. employment_new-proposed-legislation 2013-08-15T20:43:23+00:00 http://www.lawupdates.com/summary/msha_clarifies_that_oshas_hazard_communication_standard_mee/ http://www.lawupdates.com/summary/msha_clarifies_that_oshas_hazard_communication_standard_mee/ New Statutes, Regulations, and Rules || OSHA’s Revised Hazard Communication Standard (HCS) || The U.S. Department of Labor's Mine Safety and Health Administration has issued guidance to the mining industry to clarify that mine operators who meet the Occupational Safety and Health Administration's hazard communication standard will be in compliance with MSHA's hazard communication standard. employment_new-statutes-regulations-and-rules 2013-08-14T20:52:14+00:00 http://www.lawupdates.com/summary/fifth_circuit_rules_for_the_eeoc_in_age_and_disabili/ http://www.lawupdates.com/summary/fifth_circuit_rules_for_the_eeoc_in_age_and_disabili/ New Statutes, Regulations, and Rules || EEOC v. DynMcDermott Petroleum Operations Company || In a unanimous decision issued on Friday, July 26, 2013, the U. S. Court of Appeals for the Fifth Circuit reversed a Beaumont, Texas, trial court judge's grant of summary judgment in favor of DynMcDermott Petroleum Operations Company (DM), a federal contractor, the U.S. Equal Employment Opportunity Commission (EEOC) announced. employment_new-statutes-regulations-and-rules 2013-08-9T19:35:49+00:00 http://www.lawupdates.com/commentary/iuniv._of_tex._southwestern_med._ctr._v._nassar_i_supreme_court_mandates_st/ http://www.lawupdates.com/commentary/iuniv._of_tex._southwestern_med._ctr._v._nassar_i_supreme_court_mandates_st/ Expert Legal Commentary || By Jeremy Gray || In another split decision on Title VII evidentiary standards, the Supreme Court held that plaintiffs alleging retaliation claims under Title VII’s § 2000e-3(a) must show that the employer’s motivation to retaliate was the but-for cause of the challenged employment action. In Univ. of Tex. Southwestern Med. Ctr. V. Nassar, No.… employment 2013-08-8T21:17:48+00:00 http://www.lawupdates.com/commentary/ivance_v._ball_state_university_i_supreme_court_limits_employer_exposure_to/ http://www.lawupdates.com/commentary/ivance_v._ball_state_university_i_supreme_court_limits_employer_exposure_to/ Expert Legal Commentary || By Jeremy Gray || The Supreme Court recently held that in Title VII workplace discrimination claims, an employer is exposed to vicarious liability as to the actions of only those employees who can take tangible employment actions against victims, rather than those who have mere daily supervisory authority. In Vance v. Ball State Univ.,… employment 2013-07-23T02:20:19+00:00 http://www.lawupdates.com/summary/eeoc_issues_final_rule_revising_freedom_of_information_act_regulations/ http://www.lawupdates.com/summary/eeoc_issues_final_rule_revising_freedom_of_information_act_regulations/ New Statutes, Regulations, and Rules || Revisions to EEOC's Freedom of Information Act (FOIA) Regulation To Promote Openness and Electronic Access || The U.S. Equal Employment Opportunity Commission (EEOC) has issued a Final Rule revising certain provisions of its Freedom of Information Act (FOIA) regulations. employment_new-statutes-regulations-and-rules 2013-06-21T14:24:19+00:00 http://www.lawupdates.com/summary/fifth_circuit_holds_lactation_discrimination_is_unlawful_sex/ http://www.lawupdates.com/summary/fifth_circuit_holds_lactation_discrimination_is_unlawful_sex/ New Statutes, Regulations, and Rules || EEOC v. Houston Funding II LLC || Overturning a federal trial court's decision from the Southern District of Texas denying the U.S. Equal Employment Opportunity Commission's discrimination lawsuit, the United States Court of Appeals for the Fifth Circuit held unanimously yesterday that firing a woman because she is lactating or expressing milk is unlawful sex discrimination under… employment_new-statutes-regulations-and-rules 2013-06-10T19:32:05+00:00 http://www.lawupdates.com/summary/u.s._department_of_labor_encourages_asset_custodian/ http://www.lawupdates.com/summary/u.s._department_of_labor_encourages_asset_custodian/ New Statutes, Regulations, and Rules || Abandoned Plan Program || The U.S. Department of Labor's Employee Benefits Security Administration has approved a process for JP Morgan Chase Bank NA and ADP Inc. to terminate and wind up approximately 180 defined contribution pension plans abandoned due to corporate crises or neglect. This action, conducted through EBSA's abandoned plan program, will give… employment_new-statutes-regulations-and-rules 2013-06-7T15:08:01+00:00 http://www.lawupdates.com/summary/obama_administration_continues_moving_forward_to_implement_healt/ http://www.lawupdates.com/summary/obama_administration_continues_moving_forward_to_implement_healt/ New Statutes, Regulations, and Rules || Incentives for Nondiscriminatory Wellness Programs in Group Health Plans || The U.S. Departments of Health and Human Services, Labor and the Treasury today issued final rules on employment-based wellness programs. employment_new-statutes-regulations-and-rules 2013-05-31T17:50:15+00:00