Expert Compliance Insights & Tips for Businesses

December 21, 2011
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Veterans Employment Law Adds Harassment Protection to USERRA

As part of the Veterans Opportunity to Work (VOW) Act signed Nov. 21 by President Obama, the Uniformed Services Employment and Reemployment Act (USERRA) has been amended to provide protection against harassment for service members in their civilian jobs. Prior to VOW, courts had found it unclear if USERRA offered harassment (hostile work environment) protection to service members as a protected...
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December 21, 2011
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NLRB to Publish Final Rule on Speedier Union Organizing Elections

The National Labor Relations Board (NLRB) voted today, 2-1, to finalize rules that will restrict employers in their challenges to union organizing elections at their worksites. The NLRB intends to publish the Final Rule in the Federal Register tomorrow (Dec. 22, 2011). Previously, employers could challenge--and thus delay elections--the status of supervisors (can they vote or belong to a unit?)...
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December 20, 2011
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DOL Funding Up, but Actually Down from Last Year--Restrictions Apply

The House and Senate have both passed a fiscal 2012, $14.5-billion appropriations bill for the Department of Labor (DOL) that represents $145.4 million in additional funding. Since those additional funds derive solely from a provision to fully finance the Job Corps, however, the DOL is actually receiving $545.6 million less than fiscal 2011 and $942.2 million less than requested by the White Ho...
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December 19, 2011
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Obama to Let States Decide Benefits Under PPACA Health Insurance Exchanges

In a move that seemed to please neither side of the argument, President Obama has agreed to let the states decide benefit levels for health insurance policies that will be sold on the exchanges being set up for 2014 to service individuals and small groups. As initially envisioned in the Patient Protection and Affordable Care Act (PPACA) of 2010, the Department of Health and Human Services (HHS)...
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December 16, 2011
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DOL Issues NPRM on Minimum Wage, Overtime Pay for Home Health Care Workers

A 1974 ruling by the Department of Labor (DOL) grouped adult home health care workers with teenage babysitters as "companions" not entitled to the wage protections of the Fair Labor Standards Act (FLSA). In 2007, the Supreme Court upheld that interpretation, saying it was up to Congress or the DOL to change the interpretation. Yesterday (Dec. 15, 2011), the DOL did just that with a No...
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December 15, 2011
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President Announces Nominees to Save Viability of NLRB

Come New Year's Day, barring approval of new appointees, the National Labor Relations Board (NLRB) will be stripped of its authority to issue rulings due to a lack of majority representation. Two board members' appointments have already expired, and a third expires on Dec. 31, 2011, leaving the NLRB with just two of five members for the New Year. In New Process Steel, L.P v. NLRB, the S...
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December 14, 2011
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DOJ Targets Another Employer Who Gets Too Strict with I-9 Verification Process

The Department of Justice (DOJ) has announced the filing of a lawsuit against the University of California, San Diego Medical Center, alleging that the medical center discriminated in the employment eligibility verification process against people who are authorized to work in the United States. The department’s independent investigation revealed that the medical center engaged in a patter...
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December 12, 2011
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DOL Issues Proposed Final Rule on Cease and Desist, Seizure of MEWAs

The Department of Labor (DOL) has issued a proposed final rule on Multiple Employer Welfare Agreements (MEWAs) regarding provisions in the Patient Protection and Affordable Care Act (PPACA), allowing the DOL Secretary to issue cease and desist orders and/or seize MEWAs that aren't fulfilling their obligations. A MEWA is an alternative method of providing health insurance coverage sometimes ...
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December 10, 2011
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NLRB Drops Case Against Boeing's South Carolina Plant

After a collective bargaining agreement at Boeing's Seattle plant raised wages and increased job security, the National Labor Relations Board (NLRB) yesterday dropped its action against the company for opening a $750 million Dreamliner plant in South Carolina, a right-to-work state that limits union power. The Boeing union—the International Association of Machinists and Aerospace Work...
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December 9, 2011
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OFCCP Publishes Final Rule on Affirmative Action for Contractors

The Office of Federal Contract Compliance Programs (OFCCP) is publishing a final rule today on its long-awaited regulations regarding affirmative action for the disabled by federal contractors and subcontractors. Specifically, the rule being published in the Federal Register updates and strengthens the provisions of the Rehabilitation Act of 1973 that require federal contractors and subcontract...
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