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OFCCP Adds to 2019 Rulemaking Agenda

Jackson Lewis P.C. • May 24, 2019
This week the Department of Labor announced its spring 2019 Regulatory Agenda. Included was an new item from OFCCP that was part of its prior published regulatory agenda. As OFCCP previously announced in 2018, its planned rule-making agenda for the near future includes rulemaking to address affirmative action obligations for TRICARE providers (slated for May 2019) and contractor’s use of religious exemptions (slated for June 2019).

NLRB Planning More Rulemaking

XpertHR • May 24, 2019
The National Labor Relations Board (NLRB) has announced that it plans to engage in more rulemaking through the end of the year in a number of areas. The agency released its proposed short term and long term rulemaking actions in the Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions released Wednesday by the Office of Management and Budget.

EASTERN DISTRICT OF NEW YORK REFUSES TO ENFORCE AN ERISA ANTI-ASSIGNMENT PROVISION

Jackson Lewis P.C. • May 24, 2019
The list of the federal courts of appeals enforcing unambiguous anti-assignment provisions in ERISA health benefit plans continues to grow: almost exactly one year ago, the Third Circuit joined its sister circuits in holding “that anti-assignment clauses in ERISA-governed health insurance plans as a general matter are enforceable.” As the Third Circuit opinion noted, every circuit court to address the issue – seven to date (the First, Second, Third, Fifth, Ninth, Tenth, and Eleventh) – has reached this same conclusion of law.

Colorado Passes Comprehensive Equal Pay Law

Jackson Lewis P.C. • May 24, 2019
Colorado Governor Jared Polis has signed what is one of the toughest enhanced state pay equity laws to date. Colorado has become the tenth state in the country to pass an equal pay law that is more demanding than federal law. The new law goes into effect on January 1, 2021.

Paid Leave Law in Maine Passes Legislature and Waits for Governor Signature

Jackson Lewis P.C. • May 24, 2019
The Maine legislature recently passed An Act Authorizing Earned Employee Leave. If Governor Mills, who has been vocal in her support of the bill, signs the bill into law, it would take effect on January 1, 2021.

Federal Law Preempts California’s Meal and Rest Break Laws for Commercial Drivers

Jackson Lewis P.C. • May 22, 2019
Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in a class action against motor carrier U.S. Xpress.
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