Legislative Update for the Week of February 15
Check Your Mail - Is an IRS Audit Next?
The Internal Revenue Service (IRS) will begin mailing questionnaires to 401(k) plan sponsors to gather information about compliance with applicable tax rules. The questionnaire is in response to past IRS audits that have shown significant 401(k) plan noncompliance stemming from a lack of internal controls at the plan sponsor level. Read the full post here. (February 19)
EEOC Addresses Scope of Reasonable Factors Other than Age Defense Under the ADEA
In response to recent U.S. Supreme Court opinions, the Equal Employment Opportunity Commission (EEOC) will issue a notice of proposed rulemaking in the Federal Register defining the meaning of the "reasonable factors other than age" defense under the Age Discrimination in Employment Act (ADEA). Read the full post here. (February 17)
Cynthia Attwood Confirmed to be a Member of the Occupational Safety and Health Review Commission
The Senate confirmed the nomination of Cynthia Attwood to be a member of the Occupational Safety and Health Review Commission, the independent federal agency responsible for adjudicating contests of citations or penalties resulting from an Occupational Safety and Health Administration (OSHA) workplace inspection. Read the full post here. (February 16)
English Courts Broadly Interpret the Territorial Reach of U.K. Employment Legislation
'No Visible Jewellery' Policy Not Discriminatory
In Eweida v British Airways plc [2010] EWCA Civ 80, the Court of Appeal has ruled that British Airways' dress code, which prevented a Christian employee from wearing a small, visible cross with her uniform, did not amount to indirect religious discrimination.
Ms Eweida has worked for British Airways (BA) since 1999. In 2004, the company introduced a new uniform with an open neck and a uniform policy that prohibited employees from wearing any visible adornment around their neck. Ms Eweida came into work on three occasions wearing a small cross on a chain, but concealed it when asked to do so. On a fourth occasion she refused to conceal it and was sent home.
Continue Reading...Legislative Update for the Week of February 8
Article Paints Grim Picture for Labor Agenda
Coming one day after the Senate rejected advancing the nomination of Craig Becker to the National Labor Relations Board, an op-ed piece by columnist Harold Meyerson in The Washington Post proclaims that the Obama administration has been "close to an unmitigated disaster" for organized labor. Read the full post here. (February 10)
Draft Senate Jobs Bill Contains Employer Hiring Incentives, COBRA and Unemployment Extensions, Pension Funding Relief
A draft of the 362-page Senate jobs bill, which has been circulating among members of Congress, includes language providing for, among other things: unemployment benefits and COBRA health insurance premium extensions; tax incentives to promote hiring; spending programs on transportation initiatives; pension funding relief; and a tax proposal designed to raise revenue from foreign-held assets and trusts. Read the full post here. (February 10)
Senate Fails to Pass Cloture Vote on Becker's Nomination
The Senate rejected advancing the nomination of Craig Becker to serve as a member of the National Labor Relations Board. Read the full post here. (February 9)
Increase in Private-Sector Discrimination Charges Indicates Emerging Trend
The record number of certain employment-related discrimination claims filed in 2009 indicates the emergence of a trend for which employers should be prepared. The Equal Employment Opportunity Commission's (EEOC) newly-released enforcement and litigation statistics show that 93,277 workplace discrimination charges were filed during fiscal year 2009, the second-highest annual total for the agency. Private sector charges alleging disability, religion and/or national origin discrimination reached record highs, while the most frequent charges filed in 2009 alleged discrimination based on race (36%), retaliation (36%), and discrimination based on sex (30%). This year-end data also indicates that claimants received $376 million in total monetary relief through litigation, administrative enforcement and mediation.
Continue Reading...Ontario Court of Appeal Clarifies "Dependent Contractor" Status
In McKee v. Reid's Heritage Homes Ltd., the Ontario Court of Appeal confirmed that the law recognizes "dependent contractor" as an intermediate status between employee and independent contractor and that dependent contractors are entitled to reasonable notice of termination.
Continue Reading...New Right for Employees to Request Time Off for Training
A new right to request time off to undertake study or training will be available to employees working in businesses in the UK employing 250 or more people, with effect from 6 April 2010. The law will be extended to all organisations, regardless of size, from April 2011.
Continue Reading...Legislative Update for the Week of February 1
OFCCP Releases FAQs on the Impact of the Supreme Court's Ricci Decision
The Office of Federal Contract Compliance Programs (OFCCP) has posted on its website a set of frequently asked questions about the U.S. Supreme Court's decision in Ricci v. DeStefano, the reverse discrimination case involving New Haven firefighters. Read the full post here. (February 5)
Senator Reid Files Cloture on Craig Becker's Nomination to the National Labor Relations Board
Senator Harry Reid (D-Nev.) has filed cloture on the nomination of Craig Becker to be a member of the National Labor Relations Board. Read the full post here. (February 5)
Belgium-Based Employee Files Complaint in U.S. Alleging DCHRA Violations
As previously reported, a recent opinion by the District of Columbia court of appeals, Monteilh v. AFSCME, 107 FEP Cases 561 (D.C. 2009), expanded the reach of the District of Columbia Human Rights Act (DCHRA) by holding that the DCHRA's anti-discrimination provisions apply to any discriminatory decision made within the district, even if the employee at issue lives and works outside the district. Filing a claim under the DCHRA is an attractive option for plaintiffs because the DCHRA covers 18 protected categories, has no requirement that an administrative claim be filed first, and only requires a plaintiff to show that discrimination was a motivating factor in the adverse employment decision.
Continue Reading...Legislative Update for the Week of January 25
Agencies to Issue Interim Final Rules Under Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act
The Employee Benefits Security Administration, Internal Revenue Service and Department of Health and Human Services issued interim final rules that will: (1) replace prior regulations; (2) make changes to reflect modifications made to the original Mental Health Parity Act of 1996 definitions and provisions regarding parity in aggregate lifetime and annual dollar amounts; and (3) incorporate new parity standards. Read the full post here. (January 29)
Senate Committee to Hold Hearing on Craig Becker's Nomination to the National Labor Relations Board
On February 2, the Senate Committee on Health, Education, Labor and Pensions will hold a hearing on the controversial nomination of Craig Becker to be a member of the National Labor Relations Board. Read the full post here. (January 29)
European Parliament Committee Approves 20-Week Maternity Leave Proposal
The European Parliament's women's rights committee voted in favor of extending paid maternity leave from 14 to 20 weeks and granting two weeks' paid paternity leave. Previously, the European Commission proposed extending leave to 18 weeks. As reported by euobserver.com, parliament will vote on the proposed legislation on March 25. If the measure passes, the process by which member states review the text and parliament passes the final version could take 18 months.
Some suggest that requiring employers to provide additional paid leave is inappropriate given the current economic climate, and that small businesses will suffer. Resistance is particularly strong in the United Kingdom where compliance costs would almost triple, reports Personneltoday.com. Currently in the United Kingdom, one year of leave is available; the first six weeks are compensated at 90% of the employee's salary, and then at the statutory amount of £123 per week for the remainder. If passed, the measure could cost
European Parliament Seeks Establishment of Paternity-Leave Entitlement
By a vote of 381 to 253, the European Parliament adopted its annual resolution on equality between men and women. The resolution includes a request that the European Commission "support any moves to establish paternity-leave entitlement on a Europe-wide basis." The resolution contends that by establishing paternity leave entitlement, better protection will be afforded to women in the labor market. In addition, the resolution notes with "regret" that the Social Partners' Framework Agreement on Parental Leave from July 2009 "fails to address the issue of paid leave as a way of achieving male-female equality."
Immigration Update for the Week of February 8
United States: U.S. Citizenship and Immigration Services to Issue Revised Notices of Approval for Forms I-129 & I-539
U.S. Citizenship and Immigration Services announced that approximately 500 Notices of Approval (Form I-797) issued between January 20 and January 27, 2010 contained incorrect or missing information. Read the full post here. (February 12)
India: Work Permit Rules May Be Relaxed
The Indian government may be relaxing the rules that prevent business visa holders from working in India. For instance, the government is identifying activities within the IT industry for which companies may employ--for limited periods--foreign nationals who do not hold work permits. Read the full post here. (February 12)
European Commission to Strengthen its Data Privacy Directive in 2010
Acknowledging that innovations have outpaced legislation designed to protect privacy rights, the European Commission intends a comprehensive revision of its data protection rules, according to euobserver.com. In the years since the 1995 Data Protection Directive was enacted, privacy concerns have been intensified by developments such as behavioral advertising, airport body scanning devices and Facebook, the global social media site that has drawn criticism for its attitude towards users' privacy. Viviane Reding, Commissioner for Information Society and Media, indicated in a recent speech that privacy issues are a top priority. While recognizing the importance of innovation, she stressed that privacy rights should not be compromised, individuals should be able to object to companies' collection of their personal data, and that businesses needed to consider these issues from the outset of product development.