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Legislative Update for the Week of March 29

Posted on April 5, 2010 by Littler Mendelson

Leg Roundup Image 132 by 140.jpgEEOC Issues Advisory Letters on Use of Credit Checks, Education Requirements as Selection Criteria
The Equal Employment Opportunity Commission's (EEOC) Office of Legal Counsel recently issued two informal discussion letters addressing how two common and seemingly innocuous hiring practices could, under certain circumstances, inadvertently subject employers to charges of disparate impact discrimination. Read the full post here. (April 2)

White House Hosts Forum on Workplace Flexibility
President Obama, First Lady Michelle Obama and the White House Council on Women and Girls hosted a White House Forum on Workplace Flexibility. The forum, which was attended by policy experts, workers, senior administrative officials, and members of the business and labor communities, focused on ways to make the workplace more flexible for working families. Read the full post here. (April 2)

FLSA Amended to Require Breaks for Mothers to Express Breast Milk
The Fair Labor Standards Act (FLSA) was amended to require that employers provide break time to nursing mothers. The new law states that employers with fewer than 50 employees are not required to provide the breaks "if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business." Read the full post here. (March 31)

Bill Would Extend COBRA Coverage to Same-Sex Spouses or Domestic Partners
Sen. Barbara Boxer (D-CA) introduced legislation that would permit many same-sex spouses or domestic partners to take advantage of COBRA continuation of health coverage if their partner loses a job. The Equal Access to COBRA Act of 2010 (S. 3182) would change federal law to allow equal access to COBRA coverage for all individuals who are covered by an employer's health plan, and would apply to domestic partners as they are defined by that plan. Read the full post here. (March 30)

Obama Signs Health Care "Fixes" Bill
President Obama signed into law the Health Care and Education Reconciliation Act of 2010 (H.R. 4872), more commonly known as the "reconciliation bill," which makes changes to the Patient Protection and Affordable Care Act (PPACA) (P.L. 111-148), the sweeping health care overhaul legislation Obama signed on March 23. Read the full post here. (March 30)

Obama Makes NLRB, EEOC Recess Appointments
President Obama announced his appointment of 15 individuals to various federal agencies, including the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC). Among those appointed was Craig Becker, the controversial NLRB Democratic nominee. Read the full post here. (March 29)
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