In a surprising move, the U.S. Department of Labor (DOL) announced that the Final Rule, changing the claims procedure for ERISA- governed disability plans, will become effective on April 1, 2018. The DOL previously delayed the Jan. 1, 2018 effective date to allow additional time for comments and data submissions and to give the
DOL brings back opinion letters in 2018
On January 5, 2018, the Department of Labor (DOL) Wage and Hour Division reissued 17 opinion letters to shed light on the DOL’s stance on numerous issues under the Fair Labor Standards Act (FLSA). Under the administration of President George W. Bush, the DOL issued 36 opinion letters, many of which were recalled under President
Do your employees clock in using fingerprints? This Illinois law could be your biggest headache in 2018
A wave of class action lawsuits has been filed alleging violations of the Illinois Biometric Information Privacy Act (BIPA), a statute aimed at regulating how companies use information based on “biometric identifiers” such as fingerprints and retina scans. Violating BIPA can be costly, so employers operating within Illinois should review their business practices to determine
NLRB makes significant reversals on workplace policies, joint employer standard
The National Labor Relations Board (NLRB) on Dec. 14, 2017, overturned significant prior precedent related to its position governing workplace policies and handbooks and its joint employer standard. These decisions are significant because they reversed two previous standards that had caused numerous headaches for employers.
The board determines the ‘reasonably construe’ test for employer policies
The DOL’s proposal on tips: They should be shared
The Wage and Hour Division of the Department of Labor (DOL) recently proposed a rule affecting tip regulations under the Fair Labor Standards Act. Under the rule proposed Dec. 4, 2017, establishments can implement tip pools, or require servers and workers who earn tips to share with those, such as line cooks and dishwashers, who
Seventh Circuit ruling on additional leave offers important employer guidance
A recent Seventh Circuit case held that additional leave beyond what is otherwise required by leave entitlement laws is not a reasonable accommodation under the Americans with Disabilities Act. This holding provides important guidance for employers. Continue reading for the details of this case and our recommended best practices in light of its holding.
On
DOL proposes 90-day delay of new ERISA disability claims procedures
Taking a page from the fiduciary rule playbook, today the U.S. Department of Labor (DOL) proposed a 90-day delay of the implementation of the amended ERISA claims procedure rule for employer-sponsored disability plans (“Final Rule”). The Final Rule was scheduled to take effect for ERISA disability benefits claims on January 1, 2018. The proposed delay
Flu shots: Q&A for employers
With flu season right around the corner, employers may be starting to wonder what steps can be taken to ensure that the workplace remains productive and flu-free. Here are answers to some common questions about what employers can and cannot do with regard to flu shots for employees, as well as our recommendations for some
Missouri legislature counters St. Louis ordinances on minimum wage and reproductive care discrimination
Over the summer, the Missouri legislature took action to invalidate or cut back two ordinances passed by the city of St. Louis, causing the city’s minimum wage to revert to the statewide minimum of $7.70 per hour and making it unlawful for cities to adopt laws that would interfere with the free-speech rights of any
Federal judge invalidates Obama-era overtime rule
A Texas district court judge struck down the Obama administration’s overtime rule on Aug. 31, 2017, finding that the Department of Labor (DOL) had exceeded its authority in adopting a new salary threshold that would have entitled an estimated 4.2 million workers to overtime compensation.
As Judge Amos Mazzant noted in his opinion, Congress intended