Seventh Circuit Concludes that "Travel Time" Following Clothing Change Is Not Compensable, Setting Up a Circuit Split
In a case that explicitly acknowledges a consequential circuit split, the Seventh Circuit Court of Appeals has concluded that the time that an employee spends walking from the locker room to his work station after changing into work clothes is not compensable if the applicable collective bargaining agreement does not require compensation for the time spent changing clothes.
HHS Adds New Medical Loss Ratio Reporting Requirement
The Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS) has issued a final rule (pdf) that imposes a new reporting requirement on health insurance issuers in the group and individual markets that meet or exceed the applicable medical loss ratio (MLR) standard for the 2011 reporting year.
NLRB Suspends Implementation of New Representation Election Rule
In light of yesterday’s federal court decision finding that the NLRB lacked a quorum necessary to issue the controversial new representation election rule, the Board has decided to suspend the rule’s implementation. The Board’s Acting General Counsel has similarly withdrawn guidance released last month governing the representation case procedure changes, which had taken effect on April 30, 2012.
Agencies Issue New Guidance on Summary of Benefits and Coverage Requirement
The Department of Labor’s Employee Benefits Security Administration (EBSA) along with the Departments of Health and Human Services (HHS) and the Treasury have released a ninth set of Frequently Asked Questions (FAQs) on the Affordable Care Act’s implementation. This most recently issued guidance addresses questions regarding the health care reform law’s summary of benefits and coverage (SBC) requirement. The Affordable Care Act requires group health plans and health insurance issuers to provide consumers with a SBC that “accurately describes the benefits and coverage under the applicable plan or coverage” to enable enrollees and participants to better compare plan terms and benefits.
FY 2013 H-1B Cap Likely to Be Reached in June
As of May 11, 2012, U.S. Citizenship and Immigration Services (USCIS) has received a total of approximately 51,500 H-1B cap filings for employment in FY 2013: 36,700 petitions have been receipted against the “regular cap” of 65,000 and 14,800 H-1B petitions have been receipted against the “Master’s cap” of 20,000 for foreign nationals with advanced degrees from U.S. universities and colleges.
NLRB “Quickie Election” Rule Invalid for Lack of Board Quorum, Federal Court Rules
The National Labor Relations Board “quickie election” rule that went into effect on April 30, 2012, is invalid because only two members of the Board, instead of the three needed to make up a Board quorum, participated in the final vote to pass it, a federal district court has ruled. Chamber of Commerce v. NLRB, No. 11-2262 (D. D.C. May 14, 2012). The rule, which the Board rushed to finalize at the end of 2011 (before losing one of its then-three remaining members), eliminates certain pre-election rights of employees and employers, shortening the time before a representation election takes place.
D.C. Federal District Court Overturns NLRB Quickie Election Rule; Leaves Questions for Employers May 15, 2012
Yesterday, the U.S. District Court for the District of Columbia issued a ruling on the U.S. Chamber of Commerce’s challenge to the National Labor Relations Board’s (NLRB) quickie election rule that technically took effect on April 30. District Judge James E. Boasberg handed the NLRB its second major defeat in the past two weeks. Holding that “the quorum requirement…is no trifle,” he ruled that the NLRB failed to approve the quickie election rule with a quorum, and that the new rule was therefore invalid.
DOL Provides Guidance on Participant-Level Disclosure Regulation
The Department of Labor (DOL) has published a Bulletin providing guidance on some of the most frequently asked questions relating to the participant-level disclosure regulation published in 2010. This regulation requires plan administrators to disclose certain plan and investment related information, including fee and expense information, to participants and beneficiaries in participant-directed individual account plans, such as 401(k) plans.[1] See Field Assistance Bulletin No. 2012-02, available at: http://www.dol.gov/ebsa/regs/fab2012-2.html.
US DOL Judges Require Production of AAP Data Beyond Date of OFCCP Scheduling Letter
The U.S. Department of Labor's (DOL) Administrative Review Board (ARB) recently issued a decision requiring an employer to produce OFCCP data well beyond the date of an OFCCP scheduling letter. See OFCCP v. Frito-Lay Inc., DOL ARB, No. 10-132, 5/8/12 [released 5/10/12]).
Hospitality Industry Legal Alert: Second Circuit Rejects Board's ULP Determinations against Starbucks
Executive Summary: On May 10, 2012, the United States Court of Appeals for the Second Circuit rejected a National Labor Relations Board (NLRB) decision and reinforced employers' rights on three fronts: (1) companies may, under the right circumstances, restrict employees to displaying their pro-union sentiment with a "one button pin" limit; (2) Atlantic Steel's four-factor test for analyzing employee outbursts is inapplicable when the employee's obscenities are made in the presence of customers; and (3) when an employee is placed on notice regarding his performance deficiencies and fails to correct them, the employer is entitled to conclude that his limited skills do not insulate him from discharge. NLRB v. Starbucks Corp., 2012 U.S. App. LEXIS 9537 (2nd Cir. 2012).
Court Strikes Down NLRB "Quickie Election" Rule
On May 14, 2012, the U.S. Chamber of Commerce and the Coalition for a Democratic Workforce dealt yet another blow to the National Labor Relations Board, securing summary judgment in their challenge of the NLRB's expedited-election rule. In striking down the rule, the U.S. District Court for the District of Columbia declined to rule on the merits of the case, choosing instead to focus upon the absence of a lawful quorum at the time of the rule's passage.
Are You Discriminating Against Ex-Cons?
Refusing to hire ex-convicts may violate federal prohibitions against race and national origin discrimination, according to new enforcement guidance from the Equal Employment Opportunity Commission.
Want Employees? Don't Demand Facebook Passwords.
There’s still a lot of buzz around whether employers should demand Facebook passwords. The answer: NO.
Connecticut Supreme Court Expands Scope of Hostile Work Environment Protections to Include Sexual Orientation
Employers in Connecticut have a duty to protect employees from harassment based on sexual orientation that is just as compelling as their duty to prevent workplace harassment based on race, sex and other protected characteristics. The Connecticut Supreme Court has recently made this clear in Patino v. Birken Manufacturing Company,1 a unanimous decision that affirms a jury award of $94,500 for emotional distress suffered by an employee who was subjected to a hostile work environment because of his sexual orientation.
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