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February 23, 2017

Trump Administration Rescinds Guidance on Transgender Rights under Title IX

February 23, 2017

The Trump Administration has announced that the Department of Education (DOE) and the Department of Justice (DOJ) rescinded the Obama Administration’s May 2016 Dear Colleague Letter directing that schools “treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing... Read More

February 23, 2017

New Department of Homeland Security Memos Set Immigration Enforcement Priorities

February 23, 2017

Two memorandums from the Department of Homeland Security implementing President Donald Trump’s Executive Orders on “Enhancing Public Safety in the Interior of the United States” and “Implementing the President’s Border Security and Immigration Enforcement Improvements Policies” establish broad... Read More

February 22, 2017

Mine Safety Agency Issues Alert after Mining Deaths

February 22, 2017

The Mine Safety and Health Administration has issued a “fatal accidents alert” after two separate mining accidents claimed the lives of two miners within a 24-hour period. The alert lists best practices to avoid accidents. The safety agency said the victims in the two incidents were working alone and in restricted areas... Read More

February 22, 2017

OSHA Reminds Employers to Post Injury and Illness Summaries

February 22, 2017

The Occupational Safety and Health Administration has reminded employers they must post a copy of the agency’s “Summary of Work-Related Injuries and Illnesses” (Form 300A) summarizing job-related injuries and illnesses logged during 2016. OSHA said that each year, between February 1 and April 30, employers must... Read More

February 21, 2017

Labor Department Nominee’s Opinions as National Labor Relations Board Member

February 21, 2017

R. Alexander Acosta, President Donald Trump’s nominee as the next Secretary of Labor, served on the National Labor Relations Board from December 17, 2002, to August 21, 2003. He was confirmed by the United States Senate on November 22, 2002, having been nominated by President George W. Bush. Acosta, a Republican, served with fellow... Read More

February 21, 2017

Change on the Horizon for Decades-Old Home Health Agency Conditions of Participation

February 21, 2017

The Centers for Medicare & Medicaid Services (CMS) has issued final regulations (CMS-3819-F) that will make substantial changes to the Medicare home health agency Conditions of Participation (CoPs). These sweeping changes take effect July 13, 2017, and represent the most comprehensive changes to the CoPs since 1989. The final... Read More

February 17, 2017

New York State Regulations Governing Payroll Debit Cards (Scheduled to Become Effective March 7) Held Invalid and Revoked

February 17, 2017

The New York State Department of Labor (NYSDOL) issued final regulations in September 2016, significantly restricting the use of payroll debit cards and imposing disclosure and consent requirements for direct deposit. The regulations (12 NYCRR §192) were to become effective on March 7, 2017. However, in a February 16, 2017... Read More

February 15, 2017

Florida Whistleblower Act Requires Showing of Actual Violation, Federal Court Rules

February 15, 2017

Florida’s private-sector Whistleblower Act (“FWA”) protects only those employees who can show an actual violation of a law, rule, or regulation, a federal district court has held. Graddy v. Wal-Mart Stores East, LP, No. 5:16-cv-9-Oc-28PRL (M.D. Fla. Feb. 14, 2017). The FWA (Florida Statute Section 448.102) prohibits... Read More

February 14, 2017

‘A Day Without Immigrants’ National Strike Planned – What Can Employers Do?

February 14, 2017

Activists throughout the U.S., but focused in Washington, D.C., are planning a protest that exhorts employees not to report to work on February 16, 2017, as one measure to demonstrate what a “Day Without Immigrants” can mean to the economy. According to the Washingtonian, the campaign, which is directed at the Trump... Read More

February 13, 2017

New French Law Limits Work Email Outside of Business Hours

February 13, 2017

A new French law establishes employees’ “right to disconnect” beginning January 3, 2017. The new law is an amendment included within a broader labor reform bill, the El Khomri Labor Law (after Labor Minister Myriam El Khomri). An employer with more than 50 employees must set specific hours when employees should and... Read More

February 9, 2017

What to Expect under Secretary of Education Betsy DeVos

February 9, 2017

After an unusually contentious Senate confirmation process, Betsy DeVos was confirmed as U.S. Secretary of Education on February 7, 2017. DeVos has a record of promoting charter schools and school vouchers at the K-12 level, but little is known about her priorities for higher education. Her prepared comments and responses during her... Read More

February 8, 2017

Mine Safety Agency Announces Final Rule for Examination of Working Places in Metal, Nonmetal Mines

February 8, 2017

Examinations of working places should be conducted before miners begin work in those places and miners should be notified of hazardous conditions found during examinations, the Mine Safety and Health Administration has announced in a final rule amending existing standards to improve the quality of working place examinations in metal and... Read More

February 8, 2017

OSHA Issues Final Rule to Protect Workers from Beryllium Exposure

February 8, 2017

The Occupational Safety and Health Administration has issued a final rule “to prevent chronic beryllium disease and lung cancer” in workers by limiting their exposure to beryllium and beryllium compounds. Beryllium and beryllium compounds are used in the aerospace, shipyard, electronics, energy, telecommunication, medical,... Read More

February 8, 2017

California Court Provides Additional Guidance on Timecard Rounding, Grace Period Claims

February 8, 2017

Under California law, employers’ policies may permit rounding of employee timecard entries to the nearest tenth of an hour (six minutes), the Fourth Appellate District of the California Court of Appeal has affirmed. Silva v. See’s Candy Shops, Inc., No. D068136 (Dec. 9, 2016, published Jan. 5, 2017) (“See’s Candy... Read More

February 6, 2017

Indianapolis Office Newsletter – First Quarter 2017

February 6, 2017

U.S. Supreme Court Clarifies Limitation Period for Claims Relying on Constructive Discharge Under a constructive discharge theory, an employee’s limitation period to file a discrimination claim with the Equal Employment Opportunity Commission begins upon the constructive discharge, not before, the United States Supreme Court has... Read More

February 6, 2017

Missouri Enacts Right to Work Law

February 6, 2017

Missouri has become 28th state to adopt a right-to-work law. Governor Eric Greitens campaigned on promises to sign “right-to-work” law if given the opportunity and the Missouri House of Representatives gave him that opportunity by passing Senate Bill 19 (SB 19) after hours of floor debates on February 2, 2017. Governor... Read More

February 6, 2017

President Trump Orders Review of Labor Department Fiduciary Rule and Addresses Financial Industry in Latest Actions

February 6, 2017

President Donald Trump has taken actions aimed at alleviating some of the regulatory burdens on the financial services industry. Through a Presidential Memorandum, issued on February 3, 2017, he ordered the Department of Labor to “examine the Fiduciary Duty Rule to determine whether it may adversely affect the ability of Americans... Read More

February 4, 2017

Travel Ban Temporarily Enjoined

February 4, 2017

On Friday, February 3, and effective immediately, the travel restrictions for individuals from seven identified countries was halted by Judge James Robart of the Western District of Washington. In State of Washington, et al. v. Donald J. Trump, et al. Judge Robart granted a nationwide Temporary Restraining Order (TRO) prohibiting... Read More

February 3, 2017

Part-Time Employees Get First Chance at Extra Hours under New San José Ordinance

February 3, 2017

Employers in San José, California, must offer additional work hours to existing qualified part-time employees before hiring new employees beginning March 13, 2017, under the Opportunity to Work Ordinance. Covered Employers and Employees The Ordinance, or Measure E, passed by voters in 2016, applies to San José employers (... Read More

February 2, 2017

Travel Update under Trump’s Executive Order

February 2, 2017

While daily governmental guidance for affected individuals, in the United States and abroad, has followed the signing of Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” on January 27, 2017, reports of inconsistent treatment of individuals abound. The following illustrates some of... Read More

Showing 1-20 of 3759