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EEOC Finally Defines ‘Race’ and ‘Color’ in Connection With Discrimination Suits

Ever since 1964, discrimination based on race or color has been illegal. EEOC has finally told us what those terms mean, says HR Manager’s Legal Reporter. The recent Supreme Court ruling that greatly expanded the definition of retaliation (Daily Advisor, 9/25/06), showed how important it is for HR people to keep track of happenings in […]

Revisiting General Releases

In brighter economic times, most employers say goodbye to employees only following individual resignations or terminations. But as more and more employers are becoming acquainted with the new “L” word—Layoffs—employees are departing in larger numbers and for different reasons. This makes now a good time to revisit those general releases that employees are asked to […]

Rules Attempt to Streamline ACA Benefits Summary

Proposed changes to the Summary of Benefits and Coverage rules under health care reform include additions and subtractions to the SBC template, as well as clarifications on how plan sponsors and insurers may apportion the responsibility to furnish the SBC to participants. A third example would be added to the cost-sharing examples required in the […]

Mandatory Federal Labor Law Poster Change for GINA

On October 23, 2009, the U.S. Equal Employment Opportunity Commission (EEOC) released a new Equal Employment Opportunity is the Law poster, which includes information on the Genetic Information Nondiscrimination Act (GINA). The poster was updated to include information about GINA, specifically that employers are prohibited from discriminating against applicants and employees on the basis of […]

Departments Issue PPACA Regulations on Waivers for State Innovation

The U.S. Departments of Health and Human Services (HHS) and the Treasury recently issued proposed new regulations under the Patient Protection and Affordable Care Act (PPACA) that outline the steps states must take to acquire Waivers for State Innovation. Under the PPACA, in 2017, states will be able to ask for such waivers to allow […]

Supreme Court Holds Two-Member NLRB Lacked Quorum, Authority

This morning, the U.S. Supreme Court issued a surprising 5-4 decision holding that the previously short-staffed National Labor Relations Board (NLRB) acted without authority over the two years it had only two members. As a result, more than 500 opinions decided by that Board are now invalid and will need to be readdressed. In addition […]

DOL’s Agenda Focuses on Safety and Wages

Labor Secretary Hilda L. Solis has announced the U.S. Department of Labor’s (DOL) regulatory agenda for 2010, saying, “Protecting wages and working conditions for workers is key to the mission of our department, and ensuring that workers have a voice on the job is also vital.” The agenda is expected to satisfy many union demands. […]

States challenge EEOC guidance on criminal background checks

by Joshua Wood The Equal Employment Opportunity Commission (EEOC), the agency responsible for enforcing federal employment discrimination laws, periodically issues enforcement guidance to aid employers in complying with the laws it enforces. The guidance is usually published on the agency’s website at www.eeoc.gov and can be an indication of how the EEOC will interpret or […]

Coming Soon: OSHA Vs. New House Majority on Enforcement

The Occupational Safety and Health Administration’s (OSHA) agenda to increase enforcement, which includes items such as ergonomics, noise standards, and an injury and illness prevention program, seems destined to run into resistance from the new Republican majority in the U.S. House of Representatives. It’s fairly clear that changes to the Occupational Safety and Health Act […]