Legislative Update for the Week of February 20, 2012
EEOC Approves Strategic Plan for FY 2012-2016
The Equal Employment Opportunity Commission has approved a 4-year strategic plan, which outlines the agency's goals and achievement benchmarks for enforcing the various anti-discrimination laws under its jurisdiction, as well as its mission to carry out education and outreach efforts. Read the full post here. (February 24)
President Signs Payroll Tax Measure
Shortly after both Houses of Congress passed the Middle Class Tax Relief and Job Creation Act, extending the 2% payroll tax cut and emergency unemployment insurance benefits through December 2012, President Obama signed the bill into law. Read the full post here. (February 23)
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Legislative Update for the Week of February 13, 2012
House and Senate Introduce Resolutions Condemning NLRB Election Rule
Republican members of both the House and Senate introduced resolutions formally disapproving of the National Labor Relations Board's recent final rule that dramatically changes representation election procedures. Read the full post here. (February 17)
EEOC Hearing Examines Discrimination Against Pregnant Women and Caregivers
Three separate panels of witnesses testified at an Equal Employment Opportunity Commission meeting to discuss the laws that govern pregnancy- and caregiver-based employment discrimination, current charge statistics on these types of claims, and how to help employers comply with the many laws involved. Read the full post here. (February 17)
Legislative Update for the Week of February 6, 2012
EEOC to Hold Meeting on Pregnancy and Caregiver Discrimination
On February 15, the Equal Employment Opportunity Commission will hold a public meeting to discuss discrimination against pregnant workers and workers with caregiving responsibilities. Read the full post here. (February 8)
Littler Shareholder Stefan Marculewicz Testifies at Congressional Hearing Addressing NLRB Recess Appointments
On February 7, Littler Shareholder Stefan Marculewicz was among the panelists who testified before the House Committee on Education and the Workforce about the legal and practical implications of the President's January 2012 recess appointments to the National Labor Relations Board. Read the full post here. (February 7)
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Legislative Update for the Week of January 30, 2012
House Approves Measure that Places Restrictions on NMB Representation Elections
The House of Representatives approved the conference report to the Federal Aviation Administration funding bill that includes significant restrictions over air and railway union organizing. Read the full post here. (February 3)
EEOC Final Rule Extends Recordkeeping Requirements to GINA-Covered Entities
Because the Equal Employment Opportunity Commission received no adverse comments to a proposed rule extending certain recordkeeping and reporting requirements to entities covered by the employment discrimination provisions of the Genetic Information Nondiscrimination Act, the agency is adopting the proposal as final. Read the full post here. (February 3)
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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