Puzder Nomination Likely Signals New Frontier for Employers

Kollman & Saucier
Kollman & Saucier
12/15/2016
Toward the end of last week, President-elect Trump nominated Andrew Puzder, the longtime President and CEO of the company behind Carl’s Jr. and Hardee’s restaurants, to be his Secretary of Labor.  With Mr. Puzder expected to be confirmed next month, a review of his record suggests that the Labor Department will take a decidedly pro-employer turn in the incoming administration.  (Meanwhile, outgoing Labor Secretary Tom Perez is rumored to be...
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Employers Must Begin Using Revised I-9 Form January 22, 2017

Bernadette Hunton
Bernadette Hunton
12/09/2016
Last month, U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9, Employment Eligibility Verification, that employers must begin using January 22, 2017.  Form I-9 is the form employers are required to complete for each new hire to verify an employee’s identity and eligibility to work in the United States. The revised Form I-9 is designed to be overall easier to complete electronically.  Among other things, it’s...
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OSHA's New Reporting Rules Take Effect

Randi Klein Hyatt
Randi Klein Hyatt
12/01/2016
The "third time's a charm" applies to even the federal government.  The Department of Labor has not been able to get many ticks in the W column lately with both its Persuader Rule and Overtime Rule getting enjoined from implementation.  Although attempts were made to enjoin these new reporting rules from becoming effective, yesterday, a trial judge denied issuing an injunction against OSHA's new reporting rules. So, as of today, employers are...
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Federal Court Issues Nationwide Order Blocking New Overtime Rule

Employers received something to be thankful for late yesterday afternoon, when a federal judge in Texas issued a nationwide preliminary injunction against the Obama Administration’s overtime rules that were scheduled to take effect on December 1. With the Trump Administration set to take office on January 20, 2017, there is a significant chance the new rules will never take effect. A brief FLSA refresher: employers are ordinarily required to pay...
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Court Permanently Enjoins DOL Persuader Rule

Eric Paltell
Eric Paltell
11/18/2016
As we have previously reported,  in March 2016, the United States Department of Labor modified its 54 year old “Persuader Rule,” which applies to communication with employees regarding union activity. The proposed revisions significantly  restrict employer rights to be advised on how and what information can be disseminated to employees by providing burdensome reporting requirements on both the employer and the advisors -including...
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Federal Court Enjoins Enforcement of Fair Pay and Safe Workplaces Executive Order

Randi Klein Hyatt
Randi Klein Hyatt
10/28/2016
Readers of this blog are well aware of President Obama’s Fair Pay and Safe Workplaces Executive Order (Executive Order 13673), which would require certain federal contractors and subcontractors to disclose alleged “violations” of a number of federal labor laws.  That Order was set to go into effect on October 25, 2016 for prime contractors on solicitations and contracts estimated at $50 million or more.  The Order was to be phased in for...
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DOL Releases Guidance For Reporting Workplace Injuries

Randi Klein Hyatt
Randi Klein Hyatt
10/26/2016
On October 19, 2016, the Department of Labor released a guidance memorandum regarding employers’ policies on reporting workplace injuries and illnesses, and further outlined the prohibitions on retaliating for such reporting. In May 2016, OSHA published a final rule requiring employers to have in place reasonable procedures for reporting workplace injuries or illnesses and prohibiting employers from retaliating against employees who make such...
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The EEOC Identifies New Enforcement Priorities

Clifford Geiger
Clifford Geiger
10/20/2016
The EEOC takes a targeted approach to enforcement.  This enables EEOC staff focus more of their attention and the agency’s resources on a common set of priorities, presumably with more success and change for the better.  The EEOC tells everyone what types of cases have its attention and where enforcement efforts will be focused. On October 17, 2016, the EEOC approved a new strategic enforcement plan for the Fiscal Years 2017 through 2021.  The...
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Avoid Discrimination in the Form I-9 Process

Clifford Geiger
Clifford Geiger
10/20/2016
Employers must complete a Form I-9 for each new employee hired.  The purpose of the Form I-9 is to document that an employer has verified an employee’s identity and eligibility to work in the United States.  To complete the Form I-9 process, new employees may produce what is known as a “List A” document to establish their identity and work authorization.  These documents include a U.S. Passport for U.S. citizens, while non-citizens may...
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New EEOC Pay Reporting Requirements Begin Next Year

Bernadette Hunton
Bernadette Hunton
10/04/2016
On September 29, the EEOC finalized a revised pay data form  that employers and federal contractors with 100 or more employees will be required to submit on an annual basis beginning March 31, 2018, based on data collected for 2017.  Private employers with more than 100 employees and federal contractors with more than 50 employees have long been required to report employee race, ethnicity and sex to the EEOC based on 10 different job categories. ...
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