Legislative Update for the Week of May 13, 2013
Bills Would Expand Pregnancy, Nursing Workplace Rights
This week members of the House and Senate introduced legislation designed to improve protections for pregnant and nursing employees. On Tuesday lawmakers reintroduced the Pregnant Workers Fairness Act (H.R. 1975, S. 942), a bill that would require employers to make reasonable accommodations for pregnant employees and job applicants as well as those with limitations related to childbirth. Read the full post here. (May 17)
EEOC Updates Disability Guidance Documents
Pursuant to the agency's Strategic Plan, the Equal Employment Opportunity Commission has revised and updated four disability guidance documents. Among other goals outlined in the Strategic Plan is to ensure the EEOC "provides up-to-date guidance on the requirements of antidiscrimination laws." To that end, the agency has made available revised question and answer documents on how the Americans with Disabilities Act applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities. Read the full post here. (May 17)
Legislative Update for the Week of May 6, 2013
D.C. Circuit Invalidates NLRB's Posting Rule
The U.S Court of Appeals for the D.C. Circuit recently struck down the National Labor Relations Board's August 2011 Notice Posting Rule, which would have required employers to conspicuously display a notice informing employees of their rights under the National Labor Relations Act. In National Association of Manufacturers, et al. v. NLRB, the court invalidated the rule because it found all three of the rule's enforcement mechanisms unlawful. A majority of the court also found that the rule exceeded the Board's rulemaking authority as delegated by Congress. Read the full post here. (May 8)
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Legislative Update for the Week of April 29, 2013
OSHA Sets Sights on Temporary Workers
The Occupational Safety and Health Administration has directed its Compliance Safety and Health Officers to take additional steps during inspections to determine whether employers are adequately protecting temporary workers. OSHA will consider "temporary workers" to include those who "work under a host employer/staffing agency employment structure." Pursuant to a memo issued to OSHA regional administrators, CSHOs are directed to collect information on whether temporary workers have been trained or exposed to health and safety hazards. Read the full post here. (May 1)
EEOC to Discuss Legality of Employee Wellness Programs
The Equal Employment Opportunity Commission intends to hold a public meeting next week to address the interplay between employee wellness programs and various federal equal employment opportunity laws. Several panelists will discuss how implementing wellness programs could raise issues under the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and other EEOC-enforced statutes.Read the full post here. (May 1)
Jenny Yang Confirmed as New EEOC Member
On April 25, 2013, the Senate confirmed Jenny R. Yang to be a Member of the Equal Employment Opportunity Commission to fill the open Democratic seat. Her term will expire on July 1, 2007. Read the full post here. (April 29)
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Legislative Update for the Week of April 8, 2013
House of Representatives Passes Preventing Greater Uncertainty in Labor-Management Relations Act
On Friday the House of Representatives narrowly passed the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120) by a vote of 219-209. The measure was approved largely along party lines, although 10 Republican members did vote against it. This bill would limit National Labor Relations Board activities until at least three members are confirmed by the Senate, President Obama's recess appointees' terms expire, or until the U.S. Supreme Court weighs in on the legitimacy of the recess appointments. Read the full post here. (April 20)
House Subcommittee Considers Comp Time Bill
Just days after it was introduced, the Working Families Flexibility Act (H.R. 1406) was debated during a House subcommittee hearing on Thursday. Introduced by Rep. Martha Roby (R-AL), this bill would amend the Fair Labor Standards Act (FLSA) to permit private-sector employees to opt for paid time off ("comp time") at a rate of at least one-and-one-half hours of compensatory time per hour of overtime pay earned. Read the full post here. (April 11)
Legislative Update for the Week of March 25, 2013
Senate Fails to Consider NLRB Defunding Amendment, Approves Other Amendments to Budget Resolution
The Senate approved a budget resolution last week that omits an amendment that would have withheld funds from the National Labor Relations Board to prevent it from enforcing decisions or regulations issued after three members were seated to the Board via recess appointment on January 4, 2012. Read the full post here. (March 28)
Supreme Court Concludes Second Day of Oral Arguments on Same-Sex Marriage Issue
The U.S. Supreme Court heard arguments in United States v. Windsor, the case in which the Second Circuit Court of Appeals declared the Defense of Marriage Act unconstitutional. Read the full post here. (March 27)
Immigration Update for the Week of March 18, 2013
Senator Grassley Introduces H-1B and L-1 Visa Reform Act Designed to Eliminate Visa Fraud
The bill would require employers to post available job openings on the Department of Labor Website for 30 days prior to petitioning for an H-1B worker. Read the full post here. (March 22)
2014 H-1B Cap Opens April 1st Requiring Immediate Employer Action
The 2014 H-1B cap will open on April 1, 2013. Demand is expected to be the highest since FY2009, and it is anticipated that sufficient H-1B filings will be received by the U.S. Citizenship and Immigration Services within four to five weeks of the cap opening, so all employers considering H-1B filings should act immediately. Read the full post here. (March 25)
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Legislative Update for the Week of March 18, 2013
Paid Sick Leave Bill Reintroduced in Both Chambers
The Healthy Families Act (H.R. 1286, S. 631) would allow employees to earn one hour of paid sick time for every 30 hours worked, up to a maximum of 56 hours (seven days) annually. Read the full post here. (March 21)
House Committee Approves Bill Limiting NLRB Activities Until Recess Appointment Issue Is Resolved
The U.S. House Committee on Education and the Workforce approved along party lines the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120), which would require the NLRB to suspend all activities that require a three member quorum and prohibit the enforcement of any quorum-required action taken after President Obama seated three members via recess appointment on January 4, 2012. Read the full post here. (March 20)
Thomas Perez Nominated as Labor Secretary amid Controversy
President Obama has officially named a nominee to replace Hilda Solis as the next Secretary of the Department of Labor: Thomas Perez, who since 2009 has served as the Assistant Attorney General of the Department of Justice's Civil Rights Division. Read the full post here. (March 18)
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Legislative Update for the Week of March 11, 2013
Employers Have New Weapon Against Stale OSHA Citations
A recent U.S. Supreme Court decision will give employers facing certain Occupational Safety and Health Administration citations a powerful new defense. Read the full post here. (March 14)
NMB Updates Representation Manual
The National Mediation Board (NMB) has made revisions to its Representation Manual to reflect the voting process and election procedure changes made by the FAA Modernization and Reform Act of 2012 and related implementing regulations, as well as to include a new requirement related to the List of Potential Eligible Voters that employers must provide the NMB. Read the full post here. (March 13)
Legislation Introduced in the Weeks of February 25 & March 4, 2013
During this period measures were introduced in the House and Senate that address such topics as the minimum wage, employment taxes, labor-management relations and National Labor Relations Board Authority, wage and hour restrictions, and medical marijuana. Read the full post here. (March 11)
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Legislative Update for the Week of February 25, 2013
OFCCP Formally Rescinds Two Compensation Discrimination Guidance Documents and Issues Related Directive on New Procedures for Reviewing Contractor Compensation Systems
In conjunction with its formal rescission of the 2006 Standards and Guidelines, OFCCP issued a Directive that describes the procedures its compliance officers will now use when reviewing contractor compensation systems and practices. Read the full post here. (February 28)
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Legislative Update for the Week of February 18, 2013
Legislative Roundup
Before adjourning for a week-long President's Day recess, members of Congress introduced several bills addressing such issues as the use of an individual's credit and/or bankruptcy history in employment; OSHA's Voluntary Protection Program; minimum wage for tipped employees; and OFCCP and NLRB rulemaking. Read the full post here. (February 22)
OSHA Releases Interim Final Rule and Request for Comments on Affordable Care Act Whistleblower Protection Provisions
The interim final rule sets forth the procedures and timeframes for handling retaliation complaints under section 18C of the Fair Labor Standards Act, which prohibits an employer from retaliating against an employee for, among other things, receiving a federal tax credit or subsidy to purchase insurance through the employer or a future health insurance exchange; interim rule addresses agency's investigation, hearing, and appeals procedures. Read the full post here. (February 22)
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