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)

Senate Committee Advances Nomination of Thomas Perez to be Labor Secretary
On Thursday morning, the Senate Committee on Health, Education, Labor and Pensions voted 12-10 along party lines to advance the nomination of Thomas Perez to be the next Secretary of Labor. Now that Perez's nomination has been reported favorably out of committee, it will next be considered by the full Senate. Read the full post here. (May 16)

EEOC Settles First Case Alleging Genetic Information Bias
Last week the Equal Employment Opportunity Commission settled its first lawsuit involving a discrimination claim based on an applicant's genetic history. The lawsuit alleged that Fabricut, a fabric distributor, violated the Genetic Information Nondiscrimination Act when it requested a family medical history in its post-offer medical examination to a temporary employee and then violated the Americans with Disabilities Act by denying a regular position to the temporary employee because it regarded her as having carpal tunnel syndrome. Read the full post here. (May 15)

EEOC Holds Public Meeting to Discuss Wellness Programs
On May 8, 2013, The Equal Employment Opportunity Commission held a public meeting that addressed the interaction between employer-sponsored wellness programs and federal equal employment opportunity statutes enforced by the EEOC. Commissioners Constance Barker, Victoria Lipnic, Chai Feldblum, and Commission Chair Jacqueline Berrien were present and joined by seven panelists representing business, advocacy groups and providers. Read the full post here. (May 14)

EEOC Seeks Comments on its Draft Principles for a Quality Control Plan
The Equal Employment Opportunity Commission is seeking input from "individuals, employers, advocacy groups, agency stakeholders and other interested parties" on its Quality Control Plan draft principles. The QCP's purpose is to revise the standards used to assess the quality of the agency's investigations and conciliations of discrimination complaints. In February 2012 the EEOC approved a more comprehensive 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. Pursuant to this Strategic Plan, the EEOC is to develop and approve a QCP that will measure the agency's performance in handling discrimination claims. Read the full post here. (May 14)

Bills Seek to Limit NLRB, Union Authority
Before adjourning for a week-long recess, lawmakers in both the House and Senate introduced several bills addressing labor union and National Labor Relations Board activity. Read the full post here. (May 13)

Arbitration Fairness Act Reintroduced
A bill that would significantly restrict the ability for employers to arbitrate employment disputes was reintroduced in the House and Senate last week. The Arbitration Fairness Act of 2013 (H.R. 1844, S. 878) - introduced by Rep. Henry "Hank" Johnson (D-GA) and Sen. Al Franken (D-MN) - would amend the Federal Arbitration Act (FAA) to invalidate all predispute arbitration agreements that require the arbitration of any employment, antitrust, or consumer dispute, or conflict arising under any statute intended to protect civil rights. This Act would not apply to arbitration provisions contained in collective bargaining agreements. Read the full post here. (May 13)

California Private Sector Employment Legislation Update
As many are aware, the California Legislature and Governor's office are controlled by one party, unlike Washington, D.C. Thus, unlike in Washington, legislation introduced by the majority party in Sacramento has an excellent chance of passage by the Legislature. In fact, to date, virtually all committee and floor votes on bills affecting most private sector employers have been essentially party-line votes. There is less certainty in predicting what bills passed by the Legislature will be signed by Governor Brown, and thus become law. Read the full post here. (May 13)

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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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OSHA Sets Sights on Temporary Workers

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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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)

Private Sector Compensatory Time Bill Reintroduced
Legislation that would allow private sector employers to offer their employees compensatory time off in lieu of overtime was reintroduced in the House of Representatives on Tuesday. Notably, the Working Families Flexibility Act (H.R. 1406) was introduced by Republican lawmakers, increasing the odds that this bill will advance in the House this term. Read the full post here. (April 10)

California Chamber Releases First 2013 List of "Job Killer" Bills
The California Chamber of Commerce released this week its first 2013 edition of pending legislation it considers to be "job killers" if passed by the California Legislature and signed by the Governor. Read the full post here. (April 9)

Obama Re-Nominates Pearce, Names Two Others to Fill Republican NLRB Seats
President Obama has announced his intent to re-name Mark Gaston Pearce as Chairman of the National Labor Relations Board (NLRB), as well as seat Harry I. Johnson, III and Philip A. Miscimarra as new members. It is likely that all three nominees will be presented to the Senate as a package. However, it remains to be seen if, and when, the Senate will act on their nominations. Read the full post here. (April 9)

USCIS Reaches FY 2014 H-1B Cap - What Now?
United States Citizenship and Immigration Services (USCIS) announced on Monday that it received approximately 124,000 H-1B petitions during the first week of the FY2014 filing period, which ran from April 1, 2013, to April 5, 2013. As the FY2014 H-1B cap is officially oversubscribed by approximately 39,000 petitions, USCIS will no longer be accepting H-1B cap cases. Read the full post here. (April 8)

Mexico's New Privacy Notice Guidelines Require Immediate Action
On April 17, 2013, Mexico's new Privacy Notice Guidelines will go into effect. The Guidelines impose extensive requirements for furnishing adequate data privacy notices and obtaining consent before personal data is collected directly from a person or electronically via "cookies," "web beacons" or other automated means. Read the full post here. (April 8)

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Senate Fails to Consider NLRB Defunding Amendment, Approves Other Amendments to Budget Resolution

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)

PAWA Reintroduced in the Senate
Sen. Patty Murray (D-WA) has reintroduced a bill that would amend the Occupational Safety and Health Act by expanding its coverage, increasing whistleblower protections, significantly enhancing employer civil and criminal penalties for violations, and providing rights to victims and their family members during the investigation process. Read the full post here. (March 26)

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Senator Grassley Introduces H-1B and L-1 Visa Reform Act Designed to Eliminate Visa Fraud

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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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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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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OFCCP Formally Rescinds Two Compensation Discrimination Guidance Documents and Issues Related Directive on New Procedures for Reviewing Contractor Compensation Systems

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Legislative Roundup

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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Littler Shareholder Kerry Notestine Testifies about WARN Issues at Congressional Hearing

EEOC to Hold Public Meeting to Provide Update on Strategic Plan
The Equal Employment Opportunity Commission has announced its intent to provide an update on its implementation of the Commission's Strategic Plan for Fiscal Years 2012-2016, 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 15)

EEOC Seeks Recommendations for Future Investigations and Conciliations Quality Control Plan
The Equal Employment Opportunity Commission has announced that it is seeking public input on the development of a Quality Control Plan that will revise the standards used to assess the quality of the agency's investigations and conciliations of discrimination complaints. Read the full post here. (February 12)

Congressional Roundup
In addition to the many immigration-related bills that were introduced the week of February 4, 2013, legislative measures addressing password privacy, FMLA leave, the National Labor Relations Board's authority, and payroll taxes also made their debut during the first full week of February 2013. Read the full post here. (February 11)

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OFCCP Issues Directive on the Use of Criminal Records in Hiring

DOL Issues Final Rule Implementing FMLA Amendments Expanding Military-Related Leave Entitlements and Availability of Leave for Flight Crew Members
The Department of Labor has released a final rule that implements the Family and Medical Leave Act amendments made by the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act. Read the full post here. (February 5)

OSHA Issues Interim Rule on SPA Whistleblower Protections
The Occupational Safety and Health Administration has issued an interim final rule and request for comments on regulations implementing the whistleblower protection provisions set forth in the Seaman's Protection Act as amended by Section 611 of the Coast Guard Authorization Act of 2010. Read the full post here. (February 5)

Senate Responds to Noel Canning Decision
Following the U.S. Court of Appeals for the D.C. Circuit's finding in Noel Canning v. NLRB that President Obama's three January 2012 recess appointments to the NLRB were unconstitutional, the Senate reacted by introducing a number of measures that take aim at the Board's current authority. Read the full post here. (February 4)

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Legislative Roundup

OSHA Releases Statistics on Whistleblower Complaints
In fiscal year 2012 a total of 2,787 whistleblower complaints - the largest number to date - were filed with the Occupational Safety and Health Administration, according to newly released data published on the agency's Whistleblower Protection Program webpage. Read the full post here. (January 29)

EEOC Releases Details on Charges Filed with the Agency in FY 2012
Overall, the EEOC received 99,412 private sector charges of discrimination between October 1, 2011 and September 30, 2012, down slightly from the 99,947 charges it received the prior fiscal year. Read the full post here. (January 29)

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NLRB Recess Appointments Invalid, D.C. Court Holds

Union Membership Continues to Decline, BLS Report Finds
The number of unionized workers in both the public and private sectors fell again in 2012, continuing a downward trend, according to a survey conducted by the U.S. Bureau of Labor Statistics. Read the full post here. (January 24)

Five Key Takeaways for Employers Confronting the Massive, Omnibus HIPAA/HITECH Final Rule
Stepping back from the final rule's superabundance of detail, Littler identifies five "big picture" takeaways for employers who sponsor HIPAA-covered plans. Read the full post here. (January 22)

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HHS Releases Long-Awaited Health Privacy Rule

DOL provides Guidance on Availability of FMLA Leave to Care for Adult Children
The guidance explains that the FMLA entitlement applies regardless of when the mental or physical disability in the child began; discusses how the ADAAA - which expanded the definition of disability under the ADA - affects the employee's ability to take leave to care for an adult child; and examines the availability of FMLA leave to care for an adult child who becomes disabled due to military service. Read the full post here. (January 18)

Weekly Legislative Roundup
The 113th Congress hit the ground running by introducing - and reintroducing - various labor- and employment-related bills during its first week in session. It is expected that over the next few months new and returning members of the House of Representatives and Senate will inundate their chambers with measures they hope to see signed into law. Read the full post here. (January 14)

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DOL's Wage and Hour Division Seeks Input on Proposed Worker Classification Survey

Hilda Solis Resigns as Labor Secretary
Shortly after the Department of Labor released its ambitious regulatory agenda, Labor Secretary Hilda Solis announced her resignation from the agency. Read the full post here. (January 10)

OSHA Issues Its Annual Inspection Plan
The Occupational Safety and Health Administration has released its annually updated Site-Specific Targeting program designed to focus agency inspection resources on workplaces that experience the highest injury and illness rates. Read the full post here. (January 9)

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IRS Issues Updated Withholding Tables in Response to Fiscal Cliff Deal

While Congress Averts Leap off Fiscal Cliff, Employment Issues Still Loom
The eleventh hour agreement to avoid the precipitous tax hikes and spending cuts widely known as the "fiscal cliff" will still require employers to make some changes to their current practices, and leaves many questions unanswered. Read the full post here. (January 2)

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Agencies Finally Issue Their Regulatory Agendas for 2012

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IRS Amends Eligibility, Extends Timeframe for Voluntary Classification Settlement Program Participation

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)

EEOC Approves Strategic Enforcement Plan
The Equal Employment Opportunity Commission (EEOC) has announced its approval of a Strategic Enforcement Plan (SEP) that establishes agency priorities and integrates all components of the EEOC's private, public, and federal sector enforcement activities. The stated purpose of the SEP is to "focus and coordinate the EEOC's programs to have a sustainable impact in reducing and deterring discriminatory practices in the workplace." Read the full post here. (December 20)

Final Defense Authorization Bill Includes Whistleblower Provisions
The final draft of H.R. 4310 includes provisions enhancing whistleblower protections for Department of Defense and National Aeronautics and Space Administration contractor and subcontractor employees, and establishes a four-year pilot program enhancing whistleblower protections applicable to all civilian federal agency contractors. Read the full post here. (December 20)

PBGC Calls for Legislation to Help Sustain Multiemployer Pension Plan System
Pension Benefit Guaranty Corporation (PBGC) Director Joshua Gotbaum urged Congress to develop legislation to improve the long-term viability of multiemployer pension plans, which are created by collective bargaining agreements, are jointly administered by a board of trustees comprising union and employer representatives, and have become increasingly more reliant on the PBGC for financial assistance when in distress. Read the full post here. (December 19)

Congress Approves Bill that Would Increase Trade Secrets Protection
The House of Representatives overwhelmingly approved a one-page bill that broadens the scope of what constitutes an employer's trade secret under the Economic Espionage Act by amending the Act to clarify that a trade secret includes information related to "a product or service used in or intended for use in" interstate or foreign commerce. Read the full post here. (December 19)

House Committee Report Contains Sharp Criticism of NLRB
The House Committee on Oversight and Government Reform released a staff report highlighting rulemaking, decisions, and other actions taken in recent years by the National Labor Relations Board that the Committee contends are indicative of the agency's pro-union bias. Read the full post here. (December 17)

Obama Announces NMB Nominees
President Obama has nominated Linda Puchala to serve a second term as a member of the National Mediation Board (NMB). The President has also nominated Nicholas Christopher Geale to fill the vacant Republican seat on the NMB. Read the full post here. (December 17)

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