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 Hints at Review of Proposed Emergency Response Standard’s Applicability to Volunteer Emergency Response Organizations
On September 17, 2024, the Occupational Safety and Health Administration (OSHA) issued a statement concerning the proposed revisions to the Fire Brigades Standard (to become the “Emergency Response Standard”). The statement reflects an adjustment of OSHA’s position related to volunteer emergency response organizations, albeit one that is not clear, given
Whistleblower Update: SEC, DOJ Still Focusing on Employment Agreements and Written Policies, Off-Channel Communications
The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S. Department of Justice (DOJ) took more actions to enforce their whistleblower programs. These moves are some of the latest by
Three Key Considerations in Crafting Effective Multistate Separation Agreements
One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly challenging as more and more states have specific requirements and restrictions.
What the Final Mental Health Parity Rules Mean for Employers
The wait is over, and now the work begins for health plan sponsors. Much-anticipated final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) were recently released by the U.S. Departments of Health and Human Services, Labor, and the Treasury and
Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s failure-to-accommodate claims under the federal Rehabilitation Act of 1973.
Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits
The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans.
Maine Paid Family and Medical Leave Start Date for Payroll Withholdings and Quarterly Wage Reports Is January 1, 2025
The start date for payroll withholdings and submissions of quarterly wage reports under the Maine Paid Family and Medical Leave (MPFML) Program is January 1, 2025, leaving employers with a sense of urgency as the compliance date nears. Under the current rules, employers may not apply for private plan substitutions
New Jersey Nears Finalization of Temporary Workers Bill of Rights Regulations
The State of New Jersey is on the verge of finalizing its regulations for the Temporary Workers Bill of Rights (TWBR), a significant move that will enhance protections and further equalize compensation for temporary workers whose primary residences are in New Jersey and who work inside or outside the state.
Political Speech in the Workplace: Strategic Considerations for Employers
Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the visibility and impact of employees’ political views. While political discourse can foster vibrant and diverse ideas, it
State Department Announces FY 2024 Visa Limits Have Been Reached for EB-1, EB-2, EB-3, EW, EB-4, and EB-5 Unreserved Categories
The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved.
October 2024 Visa Bulletin Shows Some Advancement in Key Employment-Based Categories, Though EB-3 China Retrogresses
The October 2024 Visa Bulletin has been released by the U.S. Department of State and shows some encouraging movement forward from last month in many key categories. However, EB-3 China retrogresses and there is some disappointing lack of movement in certain final action dates. Retrogression is less common in October,
Beltway Buzz, September 13, 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.
Massachusetts Supreme Judicial Court Clarifies Franchisee vs. Employee Classification
In the ever-evolving landscape of employment law, a recent Massachusetts Supreme Judicial Court (SJC) opinion, Patel v. 7-Eleven, Inc., has shed light on a critical question: When is a franchisee considered an employee of the franchisor? This question was at the heart of a case involving five franchisees and the
Fifth Circuit Upholds DOL’s Minimum Salary Requirement for FLSA White-Collar Exemptions
On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Department of Labor’s (DOL) authority to use a salary basis to define its white-collar overtime exemptions.