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Beltway Buzz, October 19, 2018

Ogletree Deakins • October 21, 2018
Deal on Nominees Excludes Labor and Employment Personnel. The U.S. House and Senate are in recess (sort of) until after the November 6 elections. Before leaving town, the Senate confirmed a package of 15 federal judges and 21 executive branch nominees. None of the executive branch nominees included anyone from the Department of Labor (DOL), National Labor Relations Board (NLRB), or Equal Employment Opportunity Commission (EEOC). Thus, the next opportunity for candidates like Cheryl Stanton (nominated to be administrator of the DOL’s Wage and Hour Division (WHD)), Scott Mugno (nominated to be assistant secretary of labor for the Occupational Safety and Health Administration (OSHA)), Mark Gaston Pearce (nominated to be a member of the NLRB), Sharon Fast Gustafson (nominated to be general counsel of the EEOC), and others to be confirmed will be the congressional “lame duck” session beginning in mid-November. If the nominees are not confirmed before the Senate adjourns sine die, their nominations will have to be resubmitted by the president.

Hurricane Michael Relief: Resources for Employers and Workers

Ogletree Deakins • October 21, 2018
As employers attempt to keep their businesses running and give their employees the time necessary to deal with the devastating impact of Hurricane Michael, employers should not disregard the significant employment laws that apply following a natural disaster or the opportunities provided by the federal government to assist workers to return to employment.

About Face: OSHA Clarifies that Safety-Incentive Programs and Post-Incident Drug/Alcohol Testing ARE Permissible

Littler Mendelson, P.C. • October 21, 2018
On October 11, 2018, in an about-face on prior guidance, the Occupational Safety and Health Administration (OSHA) issued a significant Standard Interpretation Memorandum regarding safety-incentive programs and post-incident drug/alcohol testing. In the new Memorandum, OSHA shifts course and clarifies that such programs and testing are permitted if properly drafted and enforced.

FMLA FAQ: Can Foster Parents Take an Additional 12 Weeks of FMLA Leave After They Adopt a Child?

Franczek Radelet P.C • October 21, 2018
Q: We have an employee who recently had a child placed with her for foster care. (It is her niece.) She wants to take eight weeks of FMLA leave to bond with the foster child, but wants to know if she can take an additional eight weeks of FMLA leave when she adopts the child. She anticipates that the adoption likely will occur sometime next year.

New California Laws Include Some Focused on Specific Industries and Issues

XpertHR • October 21, 2018
The end of the California legislative year was marked by a flurry of last-minute bill signings by the governor affecting employers. Many of these bills enact new laws or amendments that address major employment law issues, such as several amendments to the state Fair Employment and Housing Act (FEHA) to combat harassment and the new law limiting the use of confidentiality provisions in settlement agreements.

Delaware Adopts State Worker Adjustment and Retraining Notification Act

Jackson Lewis P.C. • October 21, 2018
Beginning January 7, 2019, Delaware law will require certain businesses doing business in the state to provide at least 60 days’ advance notice of mass layoffs, plant closings, or relocations.
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