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Legislative Update for the Weeks of November 23 and November 30

Leg Roundup Image 132 by 140.jpgEmployee Benefits Security Administration Provides Additional Guidance on COBRA Subsidy Under the American Recovery and Reinvestment Act
The Department of Labor's Employee Benefits Security Administration has posted on its website new guidance regarding the COBRA health insurance premium subsidy granted by the ARRA. Read the full post here (December 4)
 
David Michaels Confirmed as Occupational Health and Safety Administration Head
The Senate has confirmed the nomination of David Michaels to serve as the Assistant Secretary of OSHA. President Obama named Michaels as his pick in July. Read the full post here (December 4)

 

Office of Federal Contract Compliance Programs Declares "No Limit" on Company Compliance Audits
The Office of Federal Contract Compliance Programs' newest Corporate Scheduling Announcement Letter indicates--for the first time--that companies could be subject to an unlimited number of compliance audits per year. Read the full post here (December 3)
 
Unfair Labor Practice Charges Increased Slightly, Representation Election Petitions Decreased Significantly in 2009, According to National Labor Relations Board Report
Of the overall case intake, unfair labor practice case intake was 22,941, a 1.96% increase from the previous year. However, the total intake for representation cases this year equaled 2,912, a 14.4% decline from the previous year's tally of 3,400.  Read the full post here (December 3)

House Passes Bill that Clarifies Family and Medical Leave Act Hours of Service Requirement for Airline Employees
The House of Representatives passed the Airline Flight Crew Technical Corrections Act (S. 1422) by voice vote. Read the full post here (December 2)

Department of Labor Inspector General Report Finds Fault with Some Programs, Makes Legislative Recommendations
According to the Department of Labor's Office of the Inspector General (OIG), for the six-month period ending on September 30, 2009, the OIG's investigative work led to 214 indictments, 221 convictions, and $123.1 million in monetary accomplishments. Read the full post here (December 2)

Department of Labor Issues Updated Employment Law Guide
The Guide is a companion to FirstStep Employment Law Advisor, an interactive information tool provided by the Department of Labor that allows employers to see which laws apply to them. Read the full post here (December 1)
 
Occupational Safety and Health Administration Issues Guidance Document for Emergency Medical Service Responders
The compliance guide helps employers determine the type of training and personal protective equipment needed in emergency situations by anticipating the Emergency Medical Service responder's role in a worst-case scenario. Read the full post here (December 1)
 
Congressional Budget Office Estimates Senate Healthcare Bill Could Impact 19% of Purchasers of Employment-Based "Cadillac" Insurance Plans
The Congressional Budget Office released a report that focuses on the impact the Senate healthcare bill would have on health insurance premiums. Read the full post here (December 1)
 
Employers Beware: Department of Labor Investigation and Enforcement Increasing by 33%
Secretary of Labor Hilda Solis recently announced that the Department is dramatically increasing its enforcement of federal employment laws with an additional 250 new wage and hour investigators. Read the full post here (December 1)

Pension Benefit Guaranty Corporation's Proposed Rule Would Eliminate Most Automatic Waivers and Filing Extensions for Pension Plan Reporting Events
On Monday, the Pension Benefit Guaranty Corporation (PBGC) issued a proposed rule that would, among other things, conform the agency's reportable events regulation under ERISA and other PBGC regulations to the changes made by the Pension Protection Act of 2006. Read the full post here (November 24)

Occupational Safety and Health Administration Seeks Comments on Proposed Collection Methods Under Personal Protective Equipment Standard
The Occupational Safety and Health Administration is seeking comment on its proposal to extend the Office of Management and Budget approval of the information collection requirements set forth in the Personal Protective Equipment Standard for general industry. Read the full post here (November 23)
 
Bill Would Limit Highly Paid Executives from Receiving Additional Retirement Benefits Under Q-SERPS
The Retirement Fairness Act of 2009 adds two sections to the Internal Revenue Code to modify the rules relating to the nondiscrimination requirements in qualified pension plans and to include part-time employees in determining the minimum coverage requirements for these plans.  Read the full post here (November 23)
 
Bill Would Ban Use of Foreign Labor After Mass Layoffs
The Employ America Act builds on similar prohibitions included in the American Recovery and Reinvestment Act, which prevents companies receiving funds through the Troubled Assets Relief Program from replacing laid-off citizen workers with foreign labor. Read the full post here (November 23)
 
Bill Would Encourage Short-Time Compensation Programs in Lieu of Layoffs
This bill would encourage employers to implement temporary work share programs as an alternative to layoffs, and entitle those employees working reduced hours to receive proportionate unemployment benefits. Read the full post here (November 23)

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