The U.S. Supreme Court on Jan. 17 ended a yearlong legal challenge to the enforceability of a forum selection clause in an ERISA-governed benefit plan, when the court denied the plaintiff’s petition for writ of certiorari. The case is Clause v. U.S. District Court for the Eastern District of Missouri, 2017 U.S. Dist. LEXIS
UB Greensfelder LLP
What employers should know about the new Form I-9
Employers should be on notice that the Department of Homeland Security has published a new edition of the Form I-9 for use beginning no later than Jan. 22, 2017.
The new Form I-9 should be used to verify identity and employment authorization for all new hires and re-verifications of expired documents.
The new form is…
Federal judge’s preliminary injunction blocks DOL overtime rule
The uncertainty brewing over whether the U.S. Department of Labor’s new overtime rule would actually go into effect on Dec. 1, 2016, came to a halt on the afternoon of Nov. 22 when a Texas federal judge entered a nationwide injunction blocking the DOL from implementing its rule expanding overtime protections.
U.S. District Judge Amos…
Judge permanently blocks DOL’s pro-union persuader rule
A federal judge’s decision to block the U.S. Department of Labor (DOL) from enforcing its new persuader rule means employers may continue hiring legal counsel on unionization issues without facing an argument from the DOL that fees paid to legal counsel must be publicly disclosed.
U.S. District Judge Sam Cummings of the Northern District of …
Compliance with new DOL overtime rule is advised, despite Trump transition
As employers are all aware, the U.S. Department of Labor (DOL)’s new overtime rules are set to take effect Dec. 1, 2016. The rule, projected to cover some 4.2 million workers, will raise the minimum salary threshold for overtime exemption 101 percent from its current rate of $455 per week to $913 per week.
The…
Does my company have to give employees time off to vote?
What to know before Election Day in Missouri and Illinois
Election Day, Nov. 8, is almost here, and employers should be ready for the questions employees may have about taking time off to vote. Additionally, employers should make sure any company policies comply with state laws concerning time off for voting.
Not all states have…
U.S. House votes to delay DOL overtime rule
With the Dec. 1, 2016, deadline for the Department of Labor (DOL) Final Overtime Rule approaching, employers across the country are urgently working to implement new compensation and classification practices. But recently, the DOL has been facing much criticism and resistance, as evidenced by a duo of federal lawsuits filed last week and a House…
21 states file suit to block new overtime rule
Twenty-one states have filed suit against the federal government seeking a preliminary and permanent injunction to block the Department of Labor’s new overtime rule and declare it unlawful.
In the 30-page complaint filed Sept. 20, 2016, the states allege that the Obama administration is trying to impose heavy costs and its own policy initiatives, in…
DOJ expands ‘disability’ definition with new final rule updating ADA
The Department of Justice recently released its final rule extending coverage of the ADA Amendments Act (ADAAA) to Titles II and III of the Americans with Disabilities Act. This final rule, which takes effect Oct. 11, 2016, updates those titles to include the ADAAA.
Title II covers local and state governmental entities, and Title III …
Implementation of OSHA anti-retaliation rule delayed until November
The enforcement of anti-retaliation provisions in new injury and illness reporting regulations for employers has been delayed until Nov. 1, 2016.
On May 11, 2016, the Occupational Safety and Health Administration (OSHA) published the final rule revising its regulations on the recording and reporting of occupational injuries and illnesses. The final regulations, which require…