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Legislative Update for the Week of May 17

Posted on May 24, 2010 by Littler Mendelson

Leg Roundup Image 132 by 140.jpgOSHA Proposes to Revise Standards Governing Fall Protection
The Occupational Safety and Health Administration (OSHA) is set to issue a proposed rule to revise the agency's walking-working surfaces and personal protective equipment standards. The revision is intended to reduce the number of fall-related employee deaths and injuries by updating the rule to include new technology and industry methods. Read the full post here. (May 21)

Compromise Bill Extending COBRA, Unemployment Benefits Introduced
House Ways and Means Committee Chairman Sander Levin (D-MI) and Senate Finance Committee Chairman Max Baucus (D-MT) introduced a summary of the American Jobs and Closing Tax Loopholes Act, joint legislation that, among other things, extends emergency unemployment benefits and COBRA credits through the end of 2010, and provides pension funding relief for single- and multi-employer pension plans. Read the full post here. (May 21)

Senate Passes Financial Reform Bill
The Senate approved by a 59-39 margin the Restoring American Financial Stability Act of 2010, the massive financial reform bill commonly referred to as "Wall Street Reform" legislation. Read the full post here. (May 21)

Department of Labor Issues Final Child Labor Regulations for Non-Agricultural Work
The U.S. Department of Labor has issued final regulations governing the employment of children for non-agricultural jobs, which revise the regulations to incorporate statutory amendments to the Fair Labor Standards Act; update and clarify the regulations that establish protections for youth employed in nonagricultural occupations; and implement specific recommendations made by the National Institute for Occupational Safety and Health. Read the full post here. (May 20)

Office of Labor Management Statistics to Issue Final Rule on Notification of Employee Labor Law Rights
The Department of Labor's Office of Labor Management Standards will publish a final rule implementing Executive Order 13496: Notification of Employee Rights Under Federal Labor Laws, which mandates that all government contracting departments and agencies include a provision in most government contracts stipulating that the contractor post a notice "in all places where notices to employees are customarily posted both physically and electronically," informing them of their rights under the National Labor Relations Act. Read the full post here. (May 19)

Internal Revenue Service Issues Regulations on Diversification Requirements for Defined Contribution Plans
The Internal Revenue Service has published final regulations relating to diversification requirements for certain defined contribution plans holding publicly traded employer securities that "will affect administrators of, employers maintaining, participants in, and beneficiaries of defined contribution plans that are invested in employer securities." Read the full post here. (May 18)

Airline Industry Files Suit to Overturn National Mediation Board Rule Change
The Air Transport Association of America filed a lawsuit in federal court seeking to prevent the National Mediation Board from implementing a change to its 75-year-old election process that would make it easier for unions to organize airline and railroad employees. Read the full post here. (May 18)

Department of Defense Issues Rule Restricting Mandatory Arbitration Agreements for Contractors
The Department of Defense (DoD) will publish an interim rule implementing section 8116 of the DoD Appropriations Act for Fiscal Year 2010, which restricts a contractor's use of mandatory arbitration agreements in certain instances. Read the full post here. (May 18)

National Labor Relations Board Seeks Input on Electronic Remedial Notices, Compound Interest
The National Labor Relations Board is inviting "all interested parties" to file amicus briefs in pending cases involving whether employers should be required to electronically post Board-ordered remedial notices, and whether the Board should routinely order compound interest on back pay and other monetary awards in unfair labor practice cases. Read the full post here. (May 18)
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