Total Articles: 10
Transportation Companies Must Plan for and Implement Changes for 2013 to Comply with New Hours of Service Rules
The Federal Motor Carrier Safety Administration (FMCSA) recently published a final rule establishing new Hours of Service (HOS) regulations for commercial motor vehicles (CMV). The 2011 final rule—which was preceded by years of litigation—institutes a new 30-minute rest break requirement for drivers, mandates that the 34-hour restart provision include two off-duty periods between 1:00 a.m. and 5:00 a.m., and revises the definition of on-duty time. The final rule also establishes penalties for egregious violations of the HOS regulations and revises log book requirements for drivers involved in oilfield operations.
The Department of Labor Publishes Final Regulations Regarding 408(b)(2) Fee Disclosures
On February 3, 2012, the Department of Labor (“DOL”) published final regulations setting out the fee disclosure rules for persons or entities providing services to retirement plans governed by ERISA. See Treas. Reg. §2550.408-2; 77 Fed. Reg. 023 (Feb. 3, 2012) pgs. 5632-5659. These regulations detail the disclosures that a covered service provider must furnish to a covered plan fiduciary before that fiduciary may enter into or extend contracts for services to the plan under a new prohibited transaction class exemption.
EEOC Outlines New Four-Year Strategic Plan
With relatively little fanfare, the Equal Employment Opportunity Commission recently posted its Draft Strategic Plan for Fiscal Years 2012-2016. The plan, which is required every four fiscal years from each government department, both reflects the current economic climate and provides some insight into where the EEOC will focus its efforts in upcoming years. Indeed, the plan acknowledges what many employers and employment attorneys have been saying for years - that during an economic downturn comes "an increase in overall charges [of discrimination] as more people are laid-off." Indeed, in 2010 and 2011 each, the EEOC received just shy of 100,000 individual private sector charges of discrimination, including a record 99,947 individual charges in 2011. Against this influx of charges, Congress recently cut the EEOC's budget for the upcoming fiscal year - something the Commission does not expect to change anytime soon. The new plan assumes that the EEOC's funding will remain at its 2012 levels through 2016.
Business Is Booming . . . for the EEOC, Anyway
Many employers continued to face financial challenges in 2011. But business is booming for at least one group. The EEOC received a record number of complaints last year--almost 100,000 in all.
Transportation Companies Must Plan for and Implement Changes for 2013 to Comply with New Hours of Service Rules
The Federal Motor Carrier Safety Administration (FMCSA) recently published a final rule establishing new Hours of Service (HOS) regulations for commercial motor vehicles (CMV). The 2011 final rule—which was preceded by years of litigation—institutes a new 30-minute rest break requirement for drivers, mandates that the 34-hour restart provision include two off-duty periods between 1:00 a.m. and 5:00 a.m., and revises the definition of on-duty time. The final rule also establishes penalties for egregious violations of the HOS regulations and revises log book requirements for drivers involved in oilfield operations.
The U.S. Equal Employment Opportunity Commission has completed its annual Performance and Accountability Report
The U.S. Equal Employment Opportunity Commission has completed its annual Performance and Accountability Report for 2011 and states that intake, relief obtained, and charges resolved hit record highs.
Private Sector EEOC Charges Reached Record High in 2011
According to the newly-released enforcement and litigation statistics, private sector employees filed a record number of charges with the Equal Employment Opportunity Commission in 2011. A total of 99,947 charges of employment discrimination were filed with the EEOC in the 12-month period ending on September 30, 2011.
EEOC Reports Record Number of Discrimination Charges
Executive Summary: According to information released by the Equal Employment Opportunity Commission (EEOC), in 2011 the agency received a record number of discrimination charges and obtained a record amount of relief for discrimination claimants.
Agencies Issue Information on Regulatory Priorities for 2012
Federal agencies, including the U.S. Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), and National Labor Relations Board (NLRB) have issued their regulatory plans and agendas for 2012. Issued on January 20, 2012, the agencies’ semi-annual regulatory unified agendas outline the regulatory actions that the agencies will likely propose or issue in final form during the upcoming fiscal year. The unified agendas are published in the spring and fall of each year. Although published in January, the latest documents represent the fall 2011 agendas. The fall agendas include the agencies’ regulatory plans, which set forth their statements of regulatory priorities and additional information about the most significant rule-making activities planned for the coming year. The latest agenda indicates that employers can expect aggressive regulatory activity impacting multiple aspects of the workplace in the year ahead.
EEOC Releases and Seeks Comment on Draft Strategic Plan
The U.S. Equal Employment Opportunity Commission (EEOC) has issued a draft copy of its Strategic Plan for fiscal years 2012-2012, and is soliciting public comment before the five-year plan is finalized. The Congressionally-required strategic plan outlines the agency’s goals for enforcing the various anti-discrimination laws under its jurisdiction, as well as its mission to carry out education and outreach efforts. The document discusses 13 performance benchmarks that it will use to measure how well the agency achieves its three main performance goals of (1) combating employment discrimination through strategic law enforcement; (2) preventing employment discrimination through education and outreach; and (3) delivering excellent service through effective systems, updated technology, and a skilled and diverse workforce. According to the EEOC, the revised plan “requires significant changes in the agency’s approach to fulfilling its mission. As a result, during the first 1-2 years of the plan, the agency will establish new baselines so that it can finalize the milestones and targets for its measures.”
