Author: Samantha Yurman, JD

On October 18, 2016, in response to a request from a federal judge presiding over a legal challenge, the Occupational Safety and Health Administration (OSHA) agreed to extend the effective date of the anti-retaliation provisions in its new final rule, Improve Tracking of Workplace Injuries and Illnesses, to December 1, 2016. Federal Judge Sam Lindsay of the…

Finally, a New I-9

Since the current version of the Form I-9, Employment Eligibility Verification, expired on March 31, 2016, employers have been awaiting a new, updated form. On August 25, 2016, the federal Office of Management and Budget (OMB) approved a revised Form I-9. Consequently, the U.S. Citizenship and Immigration Services (USCIS) has 90 days to update the form…

Section 701 of the Bipartisan Budget Act of 2015 contains the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015, which requires the Occupational Safety and Health Administration (OSHA) and most other federal agencies to implement inflation-adjusted civil penalty increases. The Inflation Adjustment Act also allows OSHA a one time “catch-up adjustment” to adjust for inflation…

The Equal Employment Opportunity Commission (EEOC) has issued a final rule, effective July 5, 2016, which increases the maximum penalty per violation of the notice posting requirements from $210 to $525 for each separate offense. The adjusted penalty will apply only to penalties assessed after this effective date. This higher penalty applies to every employer,…

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced a final rule which updates guidelines that covered contractors must meet under the provisions of Executive Order 11246. A well-established rule, E.O. 11246 prohibits sex discrimination in employment by federal contractors; however, the guidelines implementing it date back to 1970. These guidelines are…

Contrary to unfounded rumors, the Department of Labor (DOL) did not provide an exception in the new final rules for nonprofit organizations. In fact, the DOL clearly stated, “There are no changes to the rule that provides relief for nonprofits. Neither the FLSA nor DOL regulations provide an exemption from overtime requirements for nonprofit organizations.”…

On May 18, 2016, the U.S. Department of Labor (DOL) announced the publication of a final rule amending the white collar overtime exemptions to the Fair Labor Standards Act (FLSA). The final rule, which will be published in the Federal Register on May 23, 2016, increases the threshold salary for the exemption to $913 per…

The Defend Trade Secrets Act (DFTA) was signed into law (and became effective) on May 11, 2016. The act takes effect immediately for all employers and applies to any act that occurs on or after the date of enactment. The DFTA generally provides immunity for an employee’s action that would have otherwise constituted trade secret…

On April 6, 2016, the U.S. Department of Labor (DOL) issued a final rule addressing conflicts of interest in retirement advice. The new rule requires those who provide retirement investment advice to abide by a fiduciary standard and put their clients’ best interest before their own profits. The rule also prohibits fiduciaries to plans, plan…

Hot Employment Topics to Watch

As 2015 winds down, we reflect on the many legal changes that occurred in 2015 and that will shape the coming year. Many laws that are key to and essential for the workplace are set to change in 2016 or are in the legal spotlight. ThinkHR recently presented a webinar hosted by Samantha Yurman, attorney…