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ten most recent federal employment law articles Ten Most Recent Federal Articles

New Fiduciary Regulations Require Retirement Investment Advisers to Act in Clients' Best Interests

Ogletree Deakins • April 24, 2015
On April 14, 2015, the U.S. Department of Labor (DOL) issued new proposed regulations that changed the definition of “fiduciary investment advice” as currently found in DOL Regulation 2510.3-21(c). These proposed rules also formally withdraw the prior proposed regulations issued in 2010. According to the DOL, these latest proposed rules will improve the protections provided for persons saving for retirement by ensuring that fiduciaries provide advice that is in their clients’ best interests.

Reimbursing Employees for Business Expenses: The FLSA Kickback Rule [Wage & Hour FAQs]

Franczek Radelet P.C • April 24, 2015
Over the last month, Domino’s has been in the news for some of the wrong reasons, with not one but two Fair Labor Standards Act (FLSA) class action lawsuits alleging that two large Domino’s franchisees paid delivery drivers less than minimum wage.

Workplace Safety and Health Update

Jackson Lewis P.C. • April 24, 2015
We are pleased to bring you our Workplace Safety and Health Update. With experienced OSHA and MSHA attorneys located strategically throughout the nation, Jackson Lewis is uniquely positioned to serve all of an employer’s workplace safety and health needs.

EEOC transgender case in Detroit will go forward

Constangy, Brooks, Smith & Prophete, LLP • April 24, 2015
As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral home operation in the Detroit area.

NLRB Quickie Election Rule will not be Halted During Litigation, DC Judge Rules

Littler Mendelson, P.C. • April 24, 2015
A federal judge in the District of Columbia refused to enjoin the implementation of the National Labor Relations Board's new expedited election rule while the lawsuit to revoke the rule is pending.

How Retailers Are Responding to the New "Ambush Election" Rules With Employee Engagement Strategies

Ogletree Deakins • April 24, 2015
On April 14, 2015, the National Labor Relations Board’s “ambush election” rules went into effect, making it easier for unions to organize in the retail setting and beyond.

Hey – that EEOC wellness rule isn’t half bad

Constangy, Brooks, Smith & Prophete, LLP • April 24, 2015
NOTE: As I breathlessly reported last week, the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act.

VEVRAA hiring benchmark drops again

Constangy, Brooks, Smith & Prophete, LLP • April 23, 2015
As announced by the Office of Federal Contract Compliance Programs, the updated national percentage of veterans in the workforce is continuing to decline, now at 7 percent.

Employer Not Required by ADA to Permit Employee to Telecommute

FordHarrison LLP • April 23, 2015
Executive Summary: Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities Act (ADA) because her excessive absences prevented her from performing the essential functions of her job. Accordingly, the employer was not required to permit her to telecommute because doing so would excuse her from performing one of the essential functions of her job and, thus, was not a reasonable accommodation. See EEOC v. Ford Motor Company, (April 10, 2015).

Department of Labor Issues Sweeping Fiduciary Rule Proposal

Littler Mendelson, P.C. • April 23, 2015
On April 14, 2015, the Department of Labor (DOL) released a proposal to re-define who is rendered a "fiduciary" of an employee benefit plan under the Employee Retirement Income Security Act (ERISA) by providing investment advice to a plan or its participants or beneficiaries. In a press release, Labor Secretary Thomas Perez described the sweeping proposal as follows: "This boils down to a very simple concept: if someone is paid to give you retirement investment advice, that person should be working in your best interest." Yet, the more than 120-page proposed rule is far from simple. Its requirements and impact on access to advice about retirement savings accounts are far from certain.