DOL Regulations Fold Gay Couples into FMLA Parenting Coverage

Moving to accomplish through regulations what it can no longer get through Congress after the loss of its Senate super-majority, the Obama Administration has ruled through a Department of Labor (DOL) administrative interpretation (AI) that gay couples are entitled to the same parenting benefits as others under the Family and Medical Leave Act of 1993.
The [...]

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Federal Contractors , Subcontractors Have New Union Rights Notification Obligation

Under Executive Order 13496 issued by President Obama early in his administration, federal contractors and subcontractors are obligated to inform their workforces of their right to join a union.
After a lengthy internal government review and public commentary period, the final rule implementing that order has been issued, and as of June 21, 2010, affected employers [...]

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OSHA’s Severe Violator Enforcement Program (SVEP) Takes Effect

The Occupational Safety and Health Administration (OSHA) officially rolled out its Severe Violator Enforcement Program (SVEP) this past Friday, June 18, 2010. The program seeks to increase fines and penalties against companies that repeatedly violate OSHA standards.
The SVEP “concentrates resources on inspecting employers who have demonstrated indifference to their OSH Act obligations by willful, repeated, [...]

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DOL Cracks Down on Illegal Employment of Youths

The Department of Labor (DOL) has announced stiffer penalties for violation of the child labor laws covered under the Fair Labor Standards Act (FLSA) and other pieces of legislation. 
"Beginning today, employers who hire children too young to work will face stiffer penalties," said Secretary of Labor Hilda L. Solis. "Work is not child’s play. When [...]

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Supreme Court Adds Chaos to NLRB Decision-Making

In a 5-4 ruling, the U.S. Supreme Court has declared that decisions issued by the National Labor Relations Board (NLRB) since January 2008, when it was left with just two of five full-board members, are non-binding.
Due to gridlock between a Democratic-Party-controlled Congress and a Republican-Party-controlled executive branch under President Bush in his final two years, [...]

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OSHA Proposing New Slips, Trips and Falls Rules

Saying that many of the methods used by American industry to prevent slips, trips and falls are outmoded, the Occupational Safety and Health Administration (OSHA) today (May 25, 2010) is publishing a Notice of Proposed Rulemaking (NPRM) in the Federal Register to realign its relevant regulations.
OSHA is looking to the construction and maritime industries and [...]

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DOL Expands List of Jobs Off Limits to Youths

On May 20, 2010, the Department of Labor (DOL) published a Final Rule in the Federal Register expanding the list of hazardous occupations (HOs) prohibited to youths 14 to 17 years of age.
The rule builds on and amends the nonagricultural occupational standards for youths covered in the landmark Fair Labor Standards Act (FLSA) of 1938.
Included [...]

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GINA Claims Start Pouring into EEOC

Under terms of the Genetic Information Nondiscrimination Act (GINA), employment decisions cannot be  based on a person’s genetic information or family history of genetic markers in disease and disability.
The law went into effect Nov. 21, 2009, and already the Equal Employment Opportunity Commission (EEOC) has received 80-plus complaint filings–and this despite the fact that GINA [...]

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Early Retiree Reinsurance Program to Start June 1

Beating the deadline of June 21, 2010, the Department of Health and Human Services (HHS) has released regulations to commence the Early Retiree Reinsurance Program on June 1 as mandated by the Patient Protection and Affordable Care Act (PPACA).
The program will reimburse employers who provide health insurance for retirees between the ages of 55 and [...]

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Health Worker Becomes First HIPAA Inmate

There are some cautionary tales and lessons in the strange case of Huping Zhou, 47, who once worked for the UCLA Health System–until he was fired for poor performance–and who now finds himself facing hard time for HIPAA privacy violations.
Here’s where it gets strange for both UCLA and the Chinese surgeon.
First, UCLA gave Zhou advance [...]

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