EEOC’s Wellness Program Rules Run into a Roadblock

Healthcare in the U.S. is a hard issue.  And it’s expensive too.  Ok, you know that.  Years ago, some employers concluded that one way to reduce healthcare costs was to figure out who might get really sick and then either not hire them, or fire them.  Really a bad idea, and one that led to passage of the Genetic Information Non-Discrimination Act (GINA) and similar state laws. So, many employers looked to more “benign” ways to encourage...
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OSHA Launches E-Filing for Mandatory Injury and Illness Reports

Randi Klein Hyatt
Randi Klein Hyatt
07/25/2017
On August 1, the Occupational Safety and Health Administration's (OSHA) electronic portal, the Injury Tracking Application (ITA), will go live for employers to file their reports of workplace illnesses and injuries.  OSHA's electronic record-keeping rule, which applies to companies with 250 employees or more, requires employers to submit electronically the OSHA Form 300 (Log of Work-Related Injuries and Illnesses); OSHA Form 300A (Summary of...
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New I-9 Takes Effect September 18th

Randi Klein Hyatt
Randi Klein Hyatt
07/20/2017
The U.S. Citizenship and Immigration Services has issued a new I-9 Form effective September 18, 2017.  The I-9 Form is used to document all new hires, and must be maintained by the employer until the later of (a) one year after the employee separated from the company or (b) three years after the employee began work. The revisions add non-substantive changes to the instructions, and revise the list of acceptable documents.  While these changes are...
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What Happens When You Put "OFCCP" Into Google?

Randi Klein Hyatt
Randi Klein Hyatt
07/18/2017
A recent ruling in a case between Google and the Office of Federal Contract Compliance Programs (OFCCP) shows some of the downside risks of doing business with the federal government.  In Google’s case, it had the resources and the ability to push back a bit against the agency's findings.  However, the case demonstrates why federal contractors need to have clear employment practices in place and understand that the government has broad powers to...
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Maryland’s Minimum Wage $9.25/hour as of July 1, 2017; and a DOL Update

Darrell VanDeusen
Darrell VanDeusen
07/03/2017
Here’s a brief update on things Wage and Hour: Maryland Minimum Wage Rates Continuing the step increase in Maryland’s minimum wage passed by the General Assembly a few years ago, on July 1, the state minimum wage increased to $9.25/hour.   The final planned increase to $10.10/hour will occur on July 1, 2018.. July 1 also saw an increase in the minimum wage required to be paid in Montgomery County to $11.50/hour.   Prince George’s County...
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Trump Expected to Nominate Two Management Attorneys to NLRB

Eric Paltell
Eric Paltell
05/11/2017
According to sources with access to the White House, President Trump  plans to nominate two Republican attorneys to the NLRB by June, and to have them confirmed by the Senate before its August recess.  The nominees,  Marvin Kaplan and William Emanuel, would  fill the two vacant slots on the  Board and give agency a Republican majority. Emanuel is a management-side employment lawyer with Littler Mendelson in Los Angeles.  According to the...
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Trump Nominates Acosta to Head Department of Labor

Kollman & Saucier
Kollman & Saucier
02/17/2017
As readers of this blog may be aware, in yesterday's post, I called attention to the fact that there was no replacement pick lined up for the Secretary of Labor.  Less than twenty-four hours after Andrew Puzder’s decision to withdraw his nomination, President Trump selected R. Alexander “Alex” Acosta to head the DOL.  If confirmed, Acosta would be the first Hispanic member of the current Cabinet.  (For anyone wondering, Alex Acosta is not...
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Puzder Withdraws From Consideration For Secretary Of Labor

Kollman & Saucier
Kollman & Saucier
02/16/2017
Two months ago, nearly to the day, I wrote about Andrew Puzder’s nomination as Secretary of Labor in the Trump administration.  After having his confirmation hearings before the Senate Health, Education, Labor and Pensions (HELP) Committee pushed back four times, and with hearings finally set for today, Puzder withdrew from consideration yesterday afternoon. While supporters of the nomination touted Puzder’s business record as the owner of CKE...
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EEOC Extends Public Input Period on Draft Workplace Harassment Guidelines

Kollman & Saucier
Kollman & Saucier
02/09/2017
On February 3, the EEOC extended the public input period on its draft harassment enforcement guidance for an additional 40 days.  The EEOC released its draft harassment enforcement guidance for public input initially on January 10.  Following a 2016 task force study, the EEOC concluded that harassment in the workplace remains a serious problem, reporting in the document that in 2015, nearly one third of approximately 90,000 charges the EEOC...
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EEOC Issues New Guidance on Accommodating Mental Health Disorders

Bernadette Hunton
Bernadette Hunton
01/30/2017
The EEOC issued a resource document last month that discusses employee rights in the workplace related to mental health conditions.  Below is a summary of key points: It Is Illegal to Discriminate Against an Employee Based on a Mental Health Condition. Discrimination includes, among other things, discharge, failure to hire or promote, and forced leave.  Employers are not required to hire or retain employees who pose a “direct threat” to...
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