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From the category archives: Regulations

Regulations

Increase in Penalties Begins in August

Due to a provision in the Bipartisan Budget Act of 2015, all agencies with civil monetary penalties covered by the statute have the authority to raise penalties annually in line with the Consumer Price Index (CPI). Some agencies affected by this increase include DOL, EPA and OSHA. The provision also allows OSHA to have a one-time “catch-up adjustment” in 2016 since the fines have not increased since 1990.
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NLRB Issues Decision in Miller & Anderson

On July 11, the National Labor Relations Board (NLRB) issued its decision in Miller & Anderson. In a 3-1 decision, the NLRB held that “employer consent is not necessary for units that combine jointly employed and solely employed employees of a single user employer. Instead, we will apply the traditional community of interest factors to decide if such units are appropriate.” Philip A. Miscimarra, the only Republican Board Member, dissented. The NLRB’s decision can be read here.  
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DOL Releases New FMLA Employer Compliance Guide

The U.S. Department of Labor (DOL), Wage and Hour Division recently released a new guide to the Family and Medical Leave Act (FMLA) for employers, managers, human resources specialists, and professional leave administrators. The Employer’s Guide to the Family and Medical Leave Act  provides employers with a roadmap for leave administration from the initial leave request to the employee’s return to the same or equivalent job at the conclusion of leave. Read the rest of entry »

OFCCP Issues Final Rule on Sex Discrimination for Federal Contractors

On June 15, 2016, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a final rule on Discrimination on the Basis of Sex.  The final rule applies to federal contractors (including subcontractors) and is effective on Aug. 15, 2016.  Read the rest of entry »

FAA Issues Final Rule on Drones

On June 28, 2016, the U.S. Department of Transportation’s Federal Aviation Administration (FAA) issued a final rule on the operation and certification of non-hobbyist small unmanned aircraft systems (UAS or drones). The final rule covers commercial uses for UAS that weigh less than 55 pounds and is effective August 29, 2016.  Read the rest of entry »

Court Blocks DOL’s Final Persuader Rule

On June 27, the U.S. District Court for the Northern District of Texas issued a nationwide injunction that will block the U.S. Department of Labor (DOL) from implementing the persuader rule, officially titled the Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA), which was scheduled to go into effect on July 1.   Read the rest of entry »

New Veterans Hiring Benchmark for Federal Contractors

The U.S. Department of Labor announced that the new annual hiring benchmark under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) is 6.9 percent, down slightly from 7 percent in 2015. The act requires federal contractors to take affirmative action to recruit, hire, promote and retain veterans. Read the rest of entry »

Court Rejects ABC’s Challenge to Ambush Rule

On June 10, 2016, the 5th Circuit Court of Appeals issued a decision rejecting ABC’s challenge to the National Labor Relations Board’s (NLRB) controversial “ambush” election final rule.  ABC General Counsel Maury Baskin of Littler Mendelson P.C., Washington, D.C., argued the case on behalf of ABC of Texas, the Central Texas Chapter of ABC and the National Federation of Independent Business (NFIB) Texas on March 3 in New Orleans.  Read the rest of entry »

EEOC Releases Final Rules on Employer Wellness Programs

On May 16, the U.S. Equal Employment Opportunity Commission (EEOC) released final rules under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) that address employer-sponsored wellness programs and financial inducements.  The rules specifically limit incentives for participation in programs that involve disability-related inquiries and/or medical examinations or require the disclosure of a spouse’s current or past health status information.  Read the rest of entry »

EEOC Raises Fine for Noncompliance with Notice-posting Requirements

On June 2, the U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule increasing the penalty for failure to post notices of worker rights under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Genetic Information Nondisclosure Act (GINA).  Under the final rule, the maximum fine for failure to comply with these notice-posting requirements rises from $210 to $525 per violation.   Read the rest of entry »