Articles by Girish Anand

July 1, 2016
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Federal Civil Fines for Compliance, Safety Violations Set to Rise

In 2015, Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act to advance the effectiveness of civil monetary penalties and to maintain their deterrent effect. The new law directs agencies to adjust their penalties for inflation each year using a much more straightforward method than previously available, and requires agencies to publish “catch up” rules this sum...
June 29, 2016
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EEOC Wins Landmark Sexual Orientation Discrimination Settlement

The  Equal Employment Opportunity Commission (EEOC) announced that Pallet Companies, doing business as IFCO Systems, will pay $202,200 and provide significant equitable relief to settle one of EEOC's first lawsuits alleging sex discrimination based on sexual orientation. EEOC charged that a lesbian employee at IFCO's Baltimore facility was repeatedly harassed by her supervisor because of her s...
June 28, 2016
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Federal Judge Issues Injunction Against 'Persuader Rule'

U.S. District Judge Sam R. Cummings on Monday issued a preliminary nationwide injunction against the so-called "Persuader Rule" that would force businesses during union organizing activities to reveal minute details of their preparations, specifically the sources of the information and the tactics used in their effort to "persuade" their employees not to unionize. The so-called "Persuader Rule...
June 27, 2016
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SCOTUS Refuses Case that Could Overturn Home Care Worker Rule

The Supreme Court has passed on an opportunity to review the Department of Labor (DOL) and its reinterpretation of "companionship services," which brought minimum wage and overtime benefits to home care workers employed through staffing agencies. In 2015, the DOL issued a final rule "to better reflect Congressional intent" that stripped home care agencies from relying on the DOL's 1975 interpr...
June 23, 2016
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Obama Immigration Declarations Declared Dead by SCOTUS Tie Vote

Even after losing their potent ally Antonin Scalia, the once-majority Supreme Court conservatives were still able to block President Obama's immigration executive orders by means of a tie vote, which left Obama's November 2014 edicts blocked by the U.S. 5th Circuit Court of Appeals. A tie vote leaves the court decision being contested as the last decision standing. In the case of the immigrati...
June 21, 2016
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Sexual Harassment Training Doesn't Work, EEOC Task Force Concludes

After three decades of trying, training aimed at preventing sexual harassment in the workplace has gotten nowhere, according to a task force study commissioned by the Equal Employment Opportunity Commission (EEOC). Two commissioners of the EEOC, co-chairs of a Select Task Force on the Study of Harassment in the Workplace, called on stakeholders to double down and "reboot" workplace harassment ...
June 17, 2016
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EEOC Issues Sample Notice for Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has posted on its website a sample notice that will help employers who have wellness programs comply with their obligations under a recently issued Americans with Disabilities Act (ADA) rule. The notice is available at https://www.eeoc.gov/laws/regulations/ada-wellness-notice.cfm, and a brief question-and-answer document describing the notice r...
June 16, 2016
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Virginia Becomes 31st State to Join DOL in Combatting Misclassification

The Wage and Hour Division (WHD) of the Department of Labor (DOL) and the Virginia Employment Commission have signed a three-year Memorandum of Understanding (MOU) intended to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses. The two agencies announced they will provide clear, accurate and easy-to-access outreach to emplo...
June 15, 2016
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HHS, Cuba to Partner on Health Issues

Department of Health and Human Services (HHS) Secretary Sylvia M. Burwell this week signed a Memorandum of Understanding (MOU) with Cuba’s Ministry of Public Health, what she later called an important milestone between the two countries since the re-establishment of diplomatic relations in 2015. The MOU establishes coordination across a broad spectrum of public health issues, including global ...
June 14, 2016
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OFCCP Updates Sex Discrimination Guidelines

The Office of Federal Contract Compliance Programs (OFCCP) has issued a Final Rule updating its sex discrimination guidelines, which were last revised in 1970. The rule implements Executive Order 11246, which prohibits companies with federal contracts and subcontracts from discriminating in employment on the basis of sex. According to the rule: This rule substantially revises the existing Sex...