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)
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)
Canadian Association of Pension Supervisory Authorities Releases Pension Plan Governance Guidelines
On November 15, 2011, the Canadian Association of Pension Supervisory Authorities (CAPSA) released two Guidelines on pension plan governance. These Guidelines outline the expectations relating to the investment of pension plan assets, as well as best practices when developing and adopting a funding policy for pension plans that provide defined benefits.
Guideline No. 6: Pension Plan Investment Practices Guideline provides a variety of prudent investment principles that plan administrators should bear in mind when managing investments. In this Guideline, CAPSA encourages plan administrators to assess their current investment practices to ensure prudent practices are in place. The focus of the Guideline is to ensure that plan administrators have a robust, process-oriented decision-making framework in place within which investment management activities are conducted.
Continue Reading...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)
Legislative Update for the Week of November 21, 2011
Recent Changes to Federal Tax Laws Affecting Employers
A variety of recent changes to federal tax laws that will impact employers include repeal of withholding on payments to federal contractors, enhanced tax credits for hiring veterans, and increased federal unemployment tax rates. Read the full post here. (November 22)
House Approves Rule for Vote on Workforce Democracy and Fairness Act
The House of Representatives has set the stage for future debate and vote on the Workforce Democracy and Fairness Act, a bill that would effectively undo the criteria used to determine an appropriate bargaining unit under the Specialty Healthcare decision, and serve as a preemptive strike against the NLRB's proposed changes to representation election procedures. Read the full post here. (November 22)
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Legislative Update for the Week of November 14, 2011
NLRB Vote on Portions of Proposed Election Rule Imminent
The National Labor Relations Board has announced that on November 30, 2011, it will vote on a portion of its controversial proposed rule that would dramatically change representation election proceedings. Read the full post here. (November 18)
EEOC Receives a Record Number of Private Sector Discrimination Charges and Secures Highest Amount in Damages in FY 2011
The Equal Employment Opportunity Commission announced the publication of the Fiscal Year (FY) 2011 Performance and Accountability Report, which includes statistics concerning claims the agency received, investigated, and litigated. Read the full post here. (November 18)
Legislative Update for the Week of November 7, 2011
Senate Bill Would Nullify Specialty Healthcare Decision
The Representation Fairness Restoration Act (S. 1843) would effectively revoke the National Labor Relations Board's recent decision in Specialty Healthcare, and establish criteria for determining an appropriate bargaining unit. Read the full post here. (November 11)
EBSA Creates Web Page to Assist Benefit Plan Participants
The DOL's Employee Benefits Security Administration has launched a Consumer Assistance Web Page to answer questions for retirement and health benefit plan participants and beneficiaries, and enable them to submit electronically any complaints regarding their plans. Read the full post here. (November 11)