In response to concerns raised by employers and others, the Occupational Safety and Health Administration (OSHA) rescinded its regulation that certain employers (i.e., those with 250 employees or more) electronically file Forms 300 and 301. The final rule announcing the rescission indicated that employers will continue to be required to maintain such records on-site and that... Read more »

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The EEOC announced on February 1, 2019, that due to the recent federal government shutdown, the EEO-1 filing portal will not be opened until March 2019. The deadline for filing the EEO-1 report has been extended to May 31, 2019. The EEO-1 report, which requires employers to report company employment data categorized by race, gender... Read more »

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On January 25, 2019, the National Labor Relations Board (NLRB) issued a decision in SuperShuttle DFW, Inc., which walked back an earlier, controversial decision that altered the common law independent contractor test and made it more difficult for employers to prevail when an independent contractor classification was challenged. That decision, FedEx Home Delivery (2014), was held by the... Read more »

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In late November 2018, we reported that the Department of Health and Human Services (HHS) had issued regulations that allowed for religious and moral exemptions to contraception coverage provided by group health plans. On January 13, 2019, a California court enjoined implementation of these regulations for the states that brought suit against HHS in State of... Read more »

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Increases to the caps for penalties assessed by the Occupational Safety and Health Administration (OSHA) have been published in the Federal Register. The rule, effective January 24, 2019, contemplates across-the-board increases according to the following schedule: Willful Penalties: $132,589 Repeat Violations: $132,589 Serious Violations: $13,260 Less-than-Serious Violations: $13,260 Employers who operate in particularly safety sensitive... Read more »

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With the partial federal government shutdown expected to continue into its second month, employers looking to interact with the Equal Employment Opportunity Commission (EEOC) may have noticed that the agency’s web portals are not active. This raises questions about the filing of EEO-1 reports. The current expectation remains that the EEO-1 reporting portal will open... Read more »

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