Legislative Update for the Week of January 23, 2012
Private Sector EEOC Charges Reached Record High in 2011
According to newly-released enforcement and litigation statistics, private sector employees filed a record number of charges with the Equal Employment Opportunity Commission in 2011. Read the full post here. (January 27)
Agencies Issue Information on Regulatory Priorities for 2012
Federal agencies, including the U.S. Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board have issued their regulatory plans and agendas for 2012. Read the full post here. (January 24)
EU Data Protection Reforms Unveiled
By Ellen Temperton of Lewis Silkin (the UK member of Ius Laboris)
The European Commission has published proposals for a comprehensive reform of the 1995 EU Data Protection Directive.
The main aim is to remove inconsistencies created by the 27 EU member states having implemented the Directive in divergent ways and the consequent burdens for business. The proposals also attempt to reflect the rapid advances in technology since the Directive first came into effect.
The changes include a mandatory obligation to report data security breaches promptly and, where feasible, within 24 hours. At present, very few member states have compulsory rules requiring infringements to be notified. In addition, substantial powers to levy fines are proposed - between 0.5 and 2% of an organisation's global annual turnover.
Continue Reading...Legislative Update for the Week of January 16, 2012
Congress Responds to NLRB Recess Appointments
Members of the House of Representatives have voiced their disapproval of the President's recent recess appointments to the National Labor Relations Board by introducing a related resolution and bill. Read the full post here. (January 19)
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Legislative Update for the Week of January 9, 2012
NLRB Recess Appointment Decision Receives First Legal Challenge
On January 13, 2012, the National Right to Work Foundation filed a motion to contest the constitutionality of the President's move to seat three new members to the National Labor Relations Board via recess appointment. Read the full post here. (January 13)
Supreme Court Strengthens Exception Barring Employment Discrimination Suits Against Religious Entities
A former religious school teacher who taught a full secular curriculum - as well as a daily course on religion and regularly led students in prayer and worship - cannot bring claims under the Americans with Disabilities Act against her employer because she qualified as a ministerial employee, even if the majority of her duties involved secular instruction. Read the full post here. (January 12)
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Legislative Update for the Week of January 2, 2012
SEC Issues Regulatory Timeline for Implementing Dodd-Frank Provisions
The Securities and Exchange Commission (SEC) plans to issue within the next six months a final rule implementing Section 952 of the Dodd-Frank Act, which requires the SEC to adopt new disclosure rules for companies to report the use of compensation consultants and potential conflicts of interest. Read the full post here. (January 5)
Obama Makes Three Recess Appointments to the NLRB
On January 4, 2012, President Obama announced his intention to make three recess appointments to the National Labor Relations Board: Sharon Block (D), Richard Griffin (D), and Terence Flynn (R). Read the full post here. (January 4)
DOL Issues Fact Sheets on Retaliation
The Department of Labor's Wage and Hour Division has issued three fact sheets on unlawful retaliation under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. Read the full post here. (January 4)
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Legislative Update for the Week of December 26, 2011
NLRB Revises Representation Case Handling Procedures for Two-Member Board
Anticipating the loss of a quorum, the National Labor Relations Board has issued a final rule revising its representation case certification process. Specifically, the Board is amending its rule requiring the automatic impoundment of representation election ballots when a party files a request for review. Read the full post here. (December 29)
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Legislative Update for the Week of December 19, 2011
NLRB Delays Implementation Date of Notice Posting Rule until April 30, 2012
Days after a U.S. District Court judge suggested that the National Labor Relations Board postpone the effective date of its notice posting rule, the agency has agreed to do so. Read the full post here. (December 23)
President Signs Bill Providing Temporary Extension of Expiring Benefits
Congress approved, and President Obama signed, a measure that extends the payroll tax cut by two months, provides emergency unemployment insurance benefits, and delays the planned cut of Medicare reimbursement rates to doctors. Read the full post here. (December 23)
Consultation on Fees in Employment Tribunals
By Hazel Oliver
The UK's Ministry of Justice has issued a public consultation document on the Government's proposals for introducing fees in the Employment Tribunals and the Employment Appeal Tribunal (EAT). This is not a consultation on whether or not to introduce fees, as that has already been decided. Rather, the consultation is about the proposed structure and arrangements for charging fees. There are two alternative proposals for fee structures, Option 1 and Option 2, which are outlined below.
Legislative Update for the Week of December 5, 2011
Senate Committee Hearing Examines Hiring Barriers for the Unemployed
The Senate Committee on Health, Education, Labor and Pensions held a hearing to discuss barriers that the unemployed face in the job market. Read the full post here. (December 8)
OFCCP Proposes Changes to Rules Governing Contractor Nondiscrimination and Affirmative Action Requirements for Individuals with Disabilities
The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has issued its long-awaited proposed rule amending the nondiscrimination and affirmative action requirements regarding individuals with disabilities. Read the full post here. (December 8)
Legislative Update for the Week of November 28, 2011
Senate Clears Defense Bill Extending National Guard Reemployment Rights
The Senate passed the National Defense Authorization bill, which, among other provisions, extends reemployment rights to members of the National Guard mobilized for domestic emergencies. Read the full post here. (December 2)
Rule Would Require USDA Contractors to Attest to Labor Law Compliance
The Department of Agriculture's Office of Procurement and Property Management has issued a direct final rule that would require its contractors to attest that they and their subcontractors are in compliance with all applicable labor laws, and to report any violations. Read the full post here. (December 1)