Legislative Update for the Week of April 26
Draft Immigration Proposal Calls for Biometric Employment Verification, Increased Penalties Against Labor Law Violators
A 26-page outline of the proposed immigration overhaul bill would require all employers to use a newly-created Biometric Enrollment, Locally-stored Information, and Electronic Verification of Employment (BELIEVE) System as a means of verifying employee work authorization. Read the full post here. (April 30)
Financial Reform Bill Contains Say-on-Pay Provisions
Buried in the Restoring American Financial Stability Act of 2010 (S. 3217), the massive financial reform bill currently under Senate scrutiny, are provisions governing shareholder input on executive compensation and compensation committee independence. The so-called "say-on-pay" provisions call for a shareholder vote on executive compensation disclosures, and require that each member of the company's compensation committee be an independent member of the board of directors. Read the full post here. (April 30)
Department of Labor Plans to Change FLSA Recordkeeping Requirements, Update Home Service Worker Regulations
During a recent Q&A session on the Department of Labor's semiannual regulatory agenda, Deputy Administrator of the Wage and Hour Division Nancy Leppink highlighted the agency's plans to revise the Fair Labor Standards Act's recordkeeping requirements, and the rules governing the employment of workers who provide companionship services. Read the full post here. (April 30)
Mary Kay Henry Likely Next SEIU President
Service Employees International Union's (SEIU) secretary-treasurer, Anna Burger, has withdrawn her candidacy for union president, all but ensuring that Mary Kay Henry, an international executive vice president, will take the helm. Read the full post here. (April 29)
Supreme Court Holds that Class Arbitration Is Impermissible when Agreement Is Silent on the Issue
The U.S. Supreme Court has held that the Federal Arbitration Act does not authorize arbitrators to impose class arbitration on parties to a dispute when the arbitration agreement itself is silent on the matter. Read the full post here. (April 28)
Subcommittee Hearing Addresses Whistleblower, Victim's Rights Provisions in Protecting America's Workers Act; Legislation Introduced to Continue Voluntary Protection Programs
The House Workforce Protections Subcommittee held a hearing on the whistleblower and victim's rights provisions contained in the Protecting America's Workers Act (H.R. 2067), a bill that would amend the Occupational Safety and Health Act by expanding its coverage, increasing whistleblower protections, and enhancing employer penalties for violations, among other significant changes. Read the full post here. (April 28)
Final Rules on GINA, ADAAA To Be Issued in Coming Months
According to the Equal Employment Opportunity Commission's semiannual regulatory agenda, the agency intends to issue a final rule on the Genetic Information Nondiscrimination Act (GINA) sometime in May, and a final rule concerning the employment provisions of the Americans With Disabilities Act Amendments Act (ADAAA) is imminent. Read the full post here. (April 27)
OSHA Unveils Severe Violator Enforcement Program
The Occupational Safety and Health Administration (OSHA) has released the final version of its Severe Violator Enforcement Program, the much-anticipated enforcement plan that will subject employers to more significant enforcement measures and penalties for willful, repeat, and failure-to-abate violations of the OSH Act. Read the full post here. (April 26)
Department of Labor Releases Semiannual Regulatory Agenda
The Department of Labor (DOL) published in the Federal Register its Semiannual Regulatory Agenda. This document sets forth regulations the agency intends to review or develop in the next 12 months. According to the summary of the agenda, the DOL's agencies "have carefully assessed their available resources and what they can accomplish in the next 12 months and have adjusted their agendas accordingly." Read the full post here. (April 26)
http://www.globalemploymentlaw.com/mtc/mt-tb.cgi/826