On August 6, 2014, the U.S. Department of Labor issued a proposal to collect summary data on how federal contractors and subcontractors pay their employees. The proposed rule comes in response to President Obama’s April 8, 2014 directive instructing the Secretary of Labor to propose a rule within 120 days […]
Labor & Employment Law Update
Employment Practices Liability Insurance Considerations
In response to an increasing number of employers facing litigation arising from their employment practices, the insurance industry began offering Employment Practices Liability Insurance (“EPLI”) in the 1990s. While EPLI policies vary, most include basic protection for employers facing lawsuits alleging discrimination or wrongful termination. Although rare, such lawsuits can […]
Feds Provide Final Guidance on Interplay Between Orientation Periods and 90-Day Waiting Period Limitation for Group Health Plans
The DOL, IRS, and HHS (collectively, the “Departments”) released final regulations on June 20, 2014, confirming that employers may require a “reasonable” and “bona fide” employment-based orientation period as a condition of an employee’s eligibility to participate in an employer-sponsored group health plan without violating the 90-day maximum waiting period […]
The EEOC’s Updated (and Expanded) Guidance on Pregnancy Discrimination
On July 14, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) released its Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a Q&A document and a Fact Sheet. The agency indicated that it has been seeing a significant number of charges alleging pregnancy discrimination. The enforcement guidance is […]
NLRB and EEOC Target Key Terms of Confidentiality and Severance Agreements
In what is viewed as a major change to the landscape of employee confidentiality agreements, the EEOC and the NLRB have recently targeted a variety of terms found in agreements with employees related to confidentiality of information. The most recent attack comes with the EEOC’s filing of a lawsuit against […]