The U.S. Department of Labor Wage and Hour Division (WHD) is in the process of publishing industry-specific guidance for compliance with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). In addition to publishing a Fact Sheet that provides information to employers on protections for nursing employees under the Fair Labor Standards Act (FLSA), the WHD has published guidance for the education industry that includes a recorded webinar and FAQs.
Articles on U.S. Labor, Employment, Benefits & Immigration Law
Beltway Buzz, March 15, 2024
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business.
OSHA’s Proposed Emergency Response Standard: A Closer Look and an Analysis for Covered Employers
The Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Standard is expected to have a significant impact on emergency service organizations (ESOs) and workplace emergency response employers (WEREs) or workplace emergency response teams (WERTs).
USCIS Updates Policy Manual on F, M Visa Status International Students’ Present Intent-to-Depart
Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM application or an immigrant visa petition does not mean the student
Don’t Set It & Forget It: Keeping up Your Fiduciary Committee
It’s hard to believe that 2024 is well underway! That means it’s a perfect time to think about an issue that might get lost in the summertime and (dare I already say) year-end shuffles: fiduciary committees.
ERISA imposes fiduciary duties on those considered a fiduciary under an ERISA-covered plan. Generally,
H-2B Cap Met for Second Half of Fiscal Year 2024
U.S. Citizenship and Immigration Services (USCIS) recently announced that as of March 7, 2024, the H-2B cap had been reached for the second half of fiscal year (FY) 2024.
DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment
On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity, equity, and inclusion (DEI) concepts, as unconstitutional under the First Amendment of
A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating NLRA Section 7-Like Rights and Remedies
Colorado agency issues rules governing the Protections for Public Workers Act (PROPWA), which provides Section 7-type rights to certain Colorado public employees. The rules, which clarify protected activity, reserve certain public employer rights, and establish enforcement mechanisms, take effect July 1, 2024.
What Manufacturers Sponsoring Pension Plans Should Know About Class Actions Challenging Plan Assumptions
An enduring wave of novel class actions challenging the actuarial assumptions used to calculate certain pension benefits has prompted many sponsors of defined benefit pension plans to evaluate their plan’s terms for calculation various forms of benefits. In total, nearly 30 cases have been filed to date. Several of these suits are against manufacturers.
Texas Federal Judge Strikes Down NLRB’s New Joint-Employer Rule
On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be deemed joint employers.
Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA
Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th Cir. March 12, 2024), volunteer attendants at a public golf course were allowed
DOJ Official Cites Old West ‘WANTED’ Posters in Announcement of New Whistleblower Monetary Awards Program
On March 7, 2024, Deputy Attorney General Lisa Monaco said that the U.S. Department of Justice (DOJ) will test out a program to pay whistleblowers if they provide information on serious financial crimes and foreign and domestic corruption. The rewards program will be the latest expansion of the DOJ’s voluntary
Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule
On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be deemed joint employers.
Probing in Procurement – Recent Decisions May Prompt Review of Supplier Diversity Programs
A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional.1 While the court’s decision does not apply to private businesses that may encourage supplier diversity as part of a holistic inclusion, equity and diversity (IE&D)
EntertainHR: The Long Night Brings Long Hours – Lessons in Wage and Hour Law from True Detective Season 4
The long-awaited return of the hit anthology series, True Detective, is finally back.
In True Detective: Night Country, showrunner Issa Lopez places viewers directly in the heart of Alaska during the polar night, a period of complete darkness lasting two full months. During this period