Private Sector EEOC Charges Reached Record High in 2011

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)

FAA Deal Reached on NMB's Rulemaking, Changes Certain Election Procedures
Leaders of the House and Senate reportedly came to an agreement on the terms of the Federal Aviation Administration (FAA) reauthorization bill concerning how the National Mediation Board (NMB) will conduct representation elections and issue new rules. Read the full post here. (January 23)

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Congress Responds to NLRB Recess Appointments

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NLRB Recess Appointment Decision Receives First Legal Challenge

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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SEC Issues Regulatory Timeline for Implementing Dodd-Frank Provisions

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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NLRB Revises Representation Case Handling Procedures for Two-Member Board

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NLRB Delays Implementation Date of Notice Posting Rule until April 30, 2012

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)

FAA Issues Final Pilot Rest Rules
The Federal Aviation Administration issued its long-awaited final rule governing rest periods and work hours for commercial airline pilots. Read the full post here. (December 22)

Senator Threatens to Defeat NLRB's Election Rule
The same day the National Labor Relations Board released its final rule that radically alters union representation election procedures, Senator Mike Enzi (R-WY) announced his intention to challenge the rule under the Congressional Review Act. Read the full post here. (December 22)

Bill Would Apply FLSA Maximum Hours Requirement to Over-the-Road Bus Drivers
Sen. Charles Schumer (D-NY) introduced the Driver Fatigue Prevention Act, which would amend the Fair Labor Standards Act to make over-the-road bus drivers subject to the law's maximum hours requirement. Read the full post here. (December 22)

Appropriations Bill Includes Regulatory Constraints on DOL, NLRB
Both the House and Senate have passed a massive fiscal year 2012 appropriations package that would allocate $14.5 billion for the Department of Labor and $278 million for the National Labor Relations Board, but includes a number of restrictions on this funding. Read the full post here. (December 19)

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Senate Committee Hearing Examines Hiring Barriers for the Unemployed

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)

Competing Payroll Tax Cut Bills Fail to Advance, Setting the Stage for Possible Compromise
Neither side of the Senate was able to muster the 60 votes needed to advance the Middle Class Tax Cut Act of 2011 or the Temporary Tax Holiday and Government Reduction Act. Read the full post here. (December 5)

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Senate Clears Defense Bill Extending National Guard Reemployment Rights

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)

NLRB Issues New Order Anticipating the Loss of One or More Members as Concerns Mount over Potential Hayes Resignation
The National Labor Relations Board has issued a new order temporarily delegating administrative authority over certain agency matters to the General Counsel and Board Chairman in the event the Board is left with fewer than three sitting members. Read the full post here. (November 29)

Final Rule Prohibits Bus and Truck Drivers from Using Cellphones
The Department of Transportation has issued a final rule banning the use of hand-held cell phones by interstate truck and bus drivers while the vehicles are in operation. Read the full post here. (November 28)

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Recent Changes to Federal Tax Laws Affecting Employers

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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NLRB Vote on Portions of Proposed Election Rule Imminent

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)

EEOC Approves Rule Defining RFOA Defense in ADEA Disparate Impact Claims
The Equal Employment Opportunity Commission has approved a draft final rule defining the parameters of the "reasonable factors other than age" defense under the Age Discrimination in Employment Act. Read the full post here. (November 17)

EEOC and OFCCP Issue Revised Memorandum of Understanding
The Equal Employment Opportunity Commission and the Department of Labor's Office of Federal Contract Compliance Programs have updated the Memorandum of Understanding between the two agencies "to promote greater efficiency and coordination, and to eliminate conflict and duplication of effort." Read the full post here. (November 15)

Supreme Court Agrees to Decide Health Care Cases
As expected, the U.S. Supreme Court has agreed to review cases challenging the constitutionality of the Affordable Care Act. Read the full post here. (November 14)

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Senate Bill Would Nullify Specialty Healthcare Decision

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)

EEOC to Hold Meeting on Imminent ADEA Rule, Hiring of Disabled Veterans
The Equal Employment Opportunity Commission will hold a public meeting to consider draft final regulations on disparate impact and reasonable factors other than age under the Age Discrimination in Employment Act, and employment barriers that face disabled veterans. Read the full post here. (November 10)

Order Grants General Counsel Certain Powers in the Event NLRB Is Left with Two Sitting Members
The NLRB has issued an order temporarily granting the General Counsel full authority over litigation matters that would otherwise require Board authorization and the ability to certify the results of any secret ballot election conducted under the National Emergency provisions of the Labor Management Relations Act. Read the full post here. (November 8)

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Littler's Tammy McCutchen Examines Department of Labor FLSA Enforcement Issues at Congressional Hearing

OSHA Issues Interim Regulations and Request for Comment on Certain Whistleblower Protections Added by Dodd-Frank Act
The Occupational Safety and Health Administration has issued interim final regulations governing its procedures for processing retaliation/whistleblower complaints under the Sarbanes-Oxley Act of 2002 as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Read the full post here. (November 3)

DoD, GSA, and NASA Issue Final Rule Disallowing Federal Contractor Reimbursement for Persuader Activities
The agencies have issued a final rule implementing Executive Order 13494, Economy in Government Contracting, which precludes government contractors from being reimbursed for expenses incurred to influence employees regarding their decisions to form unions or engage in collective bargaining. Read the full post here. (November 2)

DoD, GSA, and NASA Adopt Final Rule on Notification of Employee Rights Under Federal Labor Laws
The agencies have issued a final rule adopting regulations that implement Executive Order 13496: Notification of Employee Rights Under Federal Labor Laws. Read the full post here. (November 1)

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DOL Finalizes Investment Advice Regulations

DOL Issues Its Final Rule on Prohibited Transaction Exemption Procedures
The Department of Labor's Employee Benefits Security Administration issued a final rule governing the process for filing requests for administrative exemptions from the prohibited transaction provisions under the Employee Retirement Income Security Act. Read the full post here. (October 27)

Bill Would Update Computer Employee Exemption Under FLSA
Bipartisan legislation introduced in the Senate would update the Fair Labor Standards Act's computer employee minimum wage and overtime exemption. Read the full post here. (October 26)

USCCR Briefing Report Recommends Scrapping EEOC Guidelines on English-Only Policies
The U.S. Commission on Civil Rights has issued a briefing report recommending that an employer's English-only policy be deemed unlawful only if such policies are enacted to harass, embarrass, or exclude employees and/or applicants based on their national origin. Read the full post here. (October 25)

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Incidence Rates of Nonfatal Injuries and Illnesses in Private Sector Continue to Decline

IRS Announces Pension Plan Limitations for Tax Year 2012
The Internal Revenue Service has released a detailed list of pension plan and other retirement-related contribution limitations for the Tax Year 2012 that were triggered by an increase in the cost-of-living index. Read the full post here. (October 21)

Bill Aims at Worker Misclassification
The Employee Misclassification Prevention Act would create new record-keeping requirements for employers that hire independent contractors, and impose stricter penalties for misclassification. Read the full post here. (October 17)

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Bill Would Provide FMLA Leave for Victims of Domestic Violence

House Committee Hearing Focuses on Workforce Democracy and Fairness Act, Recent NLRB Action
During a House Committee on Education and the Workforce Labor hearing, experts and lawmakers debated the merits of the Workforce Democracy and Fairness Act. Read the full post here. (October 13)

Bill Targets NLRB Decision, Proposed Rule Changing Representation Election Procedures
The Workforce Democracy and Fairness Act would effectively undo the criteria used to determine an appropriate bargaining unit established by the National Labor Relations Board's Specialty Healthcare decision, and prevent the Board from pursuing its proposed changes to representation election procedures. Read the full post here. (October 11)

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DOL, NLRB Funding Bill Would Curtail Many Regulatory Efforts

Senate Confirms Constance Barker for Additional EEOC Term
The Senate unanimously approved the nomination of Constance Barker to serve as a member of the Equal Employment Opportunity Commission for another five-year term. Read the full post here. (September 28)

OSHA Reopens Comment Period on Proposed Injury and Illness Recordkeeping and Reporting Rule
The Occupational Safety and Health Administration has agreed to reopen the comment period to allow for further input on its proposed changes to certain recordkeeping and reporting requirements. Read the full post here. (September 28)

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IRS Offers Limited Amnesty Program for Employee Misclassifications

Congressional Hearing Examines Recent NLRB Actions
During a hearing conducted by the House Committee on Education and the Workforce to address perceived union favoritism by the National Labor Relations Board, a number of witnesses and members of Congress primarily criticized the Board's recent decisions and regulatory activity. Read the full post here. (September 23)

Bill Would Allow Employees to Automatically Enroll in IRAs
Senators John Kerry (D-MA) and Jeff Bingaman (D-NM) have reintroduced legislation that would establish an automatic individual retirement account (IRA) enrollment program for employees at firms with more than 10 employees that do not already offer retirement plans. Read the full post here. (September 21)

Bill Would Abolish the National Labor Relations Board
The same week the House passed legislation limiting the National Labor Relations Board's enforcement authority, Rep. Trey Gowdy (R-SC) introduced a bill that would eliminate the Board entirely. Read the full post here. (September 21)

EBSA to Re-Issue Proposed Rule Re-Defining "Fiduciary" Under ERISA
The Department of Labor's Employee Benefits Security Administration has decided to re-propose a rule that would more broadly define who constitutes a "fiduciary" for the purposes of rendering investment advice under the Employee Retirement Income Security Act. Read the full post here. (September 19)

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EBSA Provides Interim Guidance on Electronic Fee Disclosures

House Passes Bill Curbing NLRB's Authority
The House of Representatives voted 238-186 in favor of a bill that would prevent the National Labor Relations Board from ordering an employer to close, relocate, or transfer its operations under any circumstances. Read the full post here. (September 15)

NLRB Releases Employee Rights Poster Under New Rule
The National Labor Relations Board has made available for download a copy of the Employee Rights poster required under the Board's new rule: Notification of Employee Rights under the National Labor Relations Act. Read the full post here. (September 15)

American Jobs Act Includes Several Provisions that Would Impact Employers
President Obama formally released a draft of his jobs bill, several provisions of which are aimed at easing payroll taxes for employers, promoting hiring of the unemployed and veterans, and prohibiting discrimination against the unemployed. Read the full post here. (September 14)

Bill Would Expand USERRA Rights to Veterans on Service-Related Medical Leave
The Wounded Veteran Job Security Act would amend the Uniformed Services Employment and Reemployment Rights Act to prohibit acts of discrimination and reprisal against an employee who is absent from work to receive medical treatment for a service-connected illness, injury or disability. Read the full post here. (September 12)

OSHA's 2011 Site-Specific Targeting Program Will Affect More Employers
High-hazard, non-construction employers with 20 or more employees will be subject to inspections under the Occupational Safety and Health's 2011 Site-Specific Targeting programmed inspection plan. Read the full post here. (September 12)

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President Recommends Payroll Tax Cuts, Other Measures to Spur Economy

OSHA Issues Directive on Workplace Violence
The Occupational Safety and Health Administration (OSHA) issued a new compliance directive to establish uniform procedures for OSHA field officers when responding to incidents and complaints of workplace violence. Read the full post here. (September 9)

CFTC Whistleblower Rule to Take Effect October 24
The new Commodity Futures Trading Commission (CFTC) rule implementing whistleblower and bounty hunter provisions established under the Dodd-Frank Wall Street Reform and Consumer Protection Act is scheduled to take effect on October 24, 2011. Read the full post here. (September 7)

Bill Would Repeal the NLRB's Employee Rights Notice Posting Rule
A week after the National Labor Relations Board (NLRB) issued its final rule requiring all private sector employers subject to the National Labor Relations Act to post a notice informing employees of their rights under the Act, Rep. Benjamin Quayle (R-AZ) introduced a bill to repeal it. Read the full post here. (September 7)

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