Agencies Finally Issue Their Regulatory Agendas for 2012
Although federal agencies ordinarily release unified agendas in the spring and fall of each year, many did not release their long-awaited unified agendas and regulatory plans for 2012 until December 21, 2012. Read the full post here. (December 27)
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IRS Amends Eligibility, Extends Timeframe for Voluntary Classification Settlement Program Participation
The Voluntary Classification Settlement Program (VCSP) allows eligible taxpayers to voluntarily reclassify their workers as employees for federal employment tax purposes and thereby obtain partial relief from federal tax liabilities. The IRS has made a number of revisions to the VCSP, e.g., allowing taxpayers to participate in a modified version of the VCSP even if they have not met the prior VCSP requirement of having filed all require Forms 1099 for the previous three years with respect to the workers to be reclassified. Read the full post here. (December 21)
DOL Announces Effective Date of Rule Governing Nondisplacement of Service Contract Employees
The final rule implementing Executive Order 13495, which applies to certain contracts covered by the federal Service Contract Act, varies slightly from the initial proposals, e.g.: clarifies Department of Labor (DOL) regulations; amends Federal Acquisition Regulations (FAR); adds cross-references throughout FAR to applicable DOL regulations; and clarifies that a "service employee" doesn't include an individual employed in a bona fide executive, administrative, or professional capacity. Read the full post here. (December 21)
El 18 de diciembre de 2012, el Consejo de Representantes de la Comisión Nacional de los Salarios Mínimos acordó otorgar un aumento general a los salarios mínimos de las dos áreas geográficas para el 2013 de 3.9%. El incremento en los salarios mínimos entrará en vigor a partir del 1 de enero de 2013.
Para el área geográfica "A", el incremento aumentará el salario mínimo a $64.76 pesos diarios. Dentro del área geográfica se encuentran el Distrito Federal y su área metropolitana, los estados de Baja California y Baja California Sur, las ciudades de Acapulco, Guerrero, Ciudad Juárez, Chihuahua, Guadalajara, Jalisco y su área conurbada, Monterrey, Nuevo León y su área metropolitana, Hermosillo, Sonora, Matamoros y Reynosa, Tamaulipas y Coatzacoalcos, Veracruz.Continue Reading...
On December 18, 2012, the Council of Representatives of Mexico's National Minimum Wage Commission approved a general increase of 3.9%, to the minimum wage for geographic zones "A" and "B." The wage increase will be effective as of January 1, 2013.
For Zone A, the 3.9% wage increase will raise the minimum wage to $64.76 Mexican pesos (currently approximately $5.07 USD) per day. Among the geographical areas covered under Zone A are Mexico City (Federal District) and its metropolitan area; the states of Baja California, Baja California Sur; the cities of Acapulco, Guerrero, Ciudad Juárez, Chihuahua, Guadalajara, Jalisco and its suburbs, Monterrey, Nuevo León and its metropolitan area, Hermosillo, Sonora, Matamoros and Reynosa, Tamaulipas and Coatzacoalcos, and Veracruz.Continue Reading...
The European Commission has published a scaled back proposal to increase the number of women on boards, setting a minimum objective of a 40% presence of female non-executive directors in publicly listed companies by 2020.
There is a powerful business case for addressing lack of female representation in top jobs, the reasons for which are varied and largely intractable. International interest in boardroom gender diversity has grown significantly in recent times and in October the EU Justice Commissioner signalled her intention to introduce decisive legislative action on mandatory gender quotas for corporate boards.
Reportedly, the plan was to force Europe's listed companies to reserve at least 40% of board seats for women by 2020 or face fines or other sanctions. However, stiff opposition from a number of EU member states effectively derailed those plans and the Commission has now published watered down proposals.Continue Reading...
The UK Government has set out its plans for a new system of shared, flexible parental leave to be introduced in 2015 and confirmed that it will be extending the right to request flexible working to all employees from 2014.
These proposals originated from the Department for Business Innovation & Skills May 2011 Consultation on Modern Workplaces, which contained a number of proposals aimed at creating more flexible and family-friendly workplaces.Continue Reading...
OSHA's Whistleblower Protection Advisory Committee to Include Littler Shareholder Gregory Keating
Labor Secretary Hilda Solis announced that Gregory Keating, co-chair of Littler's Whistleblowing and Retaliation Practice Group, will be appointed to the newly established Whistleblower Protection Advisory Committee, a 15-member panel charged with determining and recommending ways to improve the fairness, efficiency, effectiveness and transparency of OSHA's whistleblower protection program. Read the full post here. (December 14)
OIG's Semiannual Report to Congress Discusses Enforcement Actions, Legislative Recommendations
The Department of Labor's Office of Inspector General (OIG) has issued its Semiannual Report to Congress, outlining its significant accomplishments during the six-month period ending September 30, 2012 and making a number of legislative recommendations. Read the full post here. (December 11)
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The proposal, first announced by the Chancellor George Osborne in October, originally referred to "employee owner" status. In essence, the idea is that employees would give up certain employment rights, such as unfair dismissal and statutory redundancy pay, in return for between £2,000 and £50,000 of shares in the company which would be exempt from capital gains tax (CGT). Employers could determine the type of shares offered, including whether they carry voting rights or the right to receive dividends.Continue Reading...
Supreme Court Agrees to Review Same-Sex Marriage Cases
The U.S. Supreme Court announced that it will decide the constitutionality of both the Federal Defense of Marriage Act, which defines "marriage" as a legal union between a man and a woman, and California's Proposition 8, a 2008 state voter initiative banning gay marriage. Read the full post here. (December 7)
DOL Launches Workplace Recruitment Database Comprising Potential Hires with Disabilities
The Departments of Labor and Defense have established a 2013 Workforce Recruitment Program database containing more than 3,000 profiles of postsecondary students and recent graduates with disabilities, including veterans, that can be accessed by private sector employers. Read the full post here. (December 5)
DOL Proposes to Update OALJ Rules of Practice and Procedure
The Department of Labor (DOL) has issued a proposed rule that seeks to revise and restructure the agency's rules of practice and procedure for conducting administrative hearings before the Office of Administrative Law Judges, the "trial court" that presides over many employment-related claims filed with the DOL. Read the full post here. (December 3)
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Senate Approves Amendment to Defense Bill that Expands Whistleblower Protections, Rejects Amendment Eliminating Contractor Cuts
The Senate unanimously agreed to an amendment to the Defense bill that would extend whistleblower rights and protections to federal contractors and their employees. Read the full post here. (November 30)
The Use of Criminal Records in Employment Will Get Another Look
The U.S. Commission on Civil Rights has announced that it will hold a public briefing to examine the use of criminal background checks in employment. The meeting will discuss in particular how criminal background checks impact African American and Hispanic workers, as well as the Equal Employment Opportunity Commission's recently-approved updated enforcement guidance on this topic in general. Read the full post here. (November 29)