Ilyse Schuman

Ilyse Schuman


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Attempts to Force Votes on Employment Bills Fail in Senate

Before the Senate adjourned for the August recess, two Democratic members tried to force the chamber to agree to bring minimum wage, paid sick leave, and flexible scheduling bills to the floor for a vote in the fall. On...more

8/7/2015 - Affordable Care Act Compensatory Time Off Employees Full-Time Employees Health Insurance Healthy Families Act HELP Minimum Wage PTO Sick Leave Unpaid Overtime Wage and Hour Work Schedules

Lawmakers Introduce Worker Misclassification Legislation

Two weeks after the U.S. Department of Labor issued an Administrator's Interpretation cautioning that "most workers are employees," Senators Bob Casey (D-PA) and Al Franken (D-MN) introduced a bill targeting worker...more

7/30/2015 - Compliance DOL FLSA Independent Contractors Misclassification Reporting Requirements Right To Know Wage and Hour

Littler's Tammy McCutchen Testifies that the DOL's Approach in Proposed Overtime Rule is "Unprecedented"

The U.S. Department of Labor's methodology and minimum salary threshold set forth in its proposed revisions to the Fair Labor Standards Act's "white collar" exemptions are "unprecedented in the FLSA’s 77-year history,"...more

7/24/2015 - Bureau of Labor Statistics Chamber of Commerce DOL FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

Comment Period on New Overtime Proposal to End Early September, Say DOL Officials

In a conference call held on Wednesday morning, Labor Secretary Thomas Perez and Wage and Hour Administrator David Weil fielded questions about the recently released proposal to revise the Fair Labor Standards Act overtime...more

7/2/2015 - Corporate Counsel DOL Exempt-Employees FLSA Multi-Factor Test NPRM Wage and Hour White-Collar Exemptions

House and Senate Appropriations Committees Approve Funding Bills with Riders Targeting DOL, NLRB Initiatives

Both the House and Senate Appropriations Committees advanced bills this week to fund various federal agencies for FY 2016. Each chamber approved versions of spending measures that include riders prohibiting funding for a...more

6/26/2015 - 401k Ambush Election Rules Appropriations Bill Bargaining Units Compliance DOL Employee Benefits ERISA Fiduciary Duty HHS Joint Employers New Amendments NLRA NLRB OSHA Retirement Retirement Plan Silica Specialty Healthcare Unions Workplace Safety

King v. Burwell: The Supreme Court Rules in Favor of the Administration and the Affordable Care Act Survives

The U.S. Supreme Court has once again ruled in favor of the Affordable Care Act (ACA). At issue in King. v. Burwell was whether the landmark legislation allows federal subsidies to be given to low-income consumers residing...more

6/25/2015 - Affordable Care Act Health Insurance Health Insurance Exchanges Healthcare King v Burwell Popular Public Health Insurance Marketplace SCOTUS

Appropriations Subcommittee Rejects Efforts to Strip Funding Bill of Pro-Employer Riders

The day after the House Appropriations Committee released a draft bill that would significantly limit certain federal agency rules and initiatives, the Subcommittee on Labor, Health and Human Services, and Education held a...more

6/18/2015 - 401k Affordable Care Act DOL Employee Benefits ERISA Executive Orders Fair Pay and Safe Workplaces Fiduciary Duty Healthcare Joint Employers Native American Issues NLRA NLRB Proposed Legislation Retirement Plan Training Tribal Lands Union Elections Wage and Hour

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

6/17/2015 - 401k Browning-Ferris Industries of California Inc. Collective Bargaining DOL Employee Benefits ERISA Fiduciary Duty Hiring & Firing Joint Employers Native American Issues NLRA NLRB Non-Union OSHA Proposed Legislation Retirement Plan Sovereign Immunity Unfair Labor Practices Union Elections

DOL Investigation Tactics and Pending Proposed Rule Come Under Fire During House Hearing

In anticipation of the imminent release of the Department of Labor's proposed rule revising the white collar overtime exemption under the Fair Labor Standards Act (FLSA), the House Subcommittee on Workforce Protections held a...more

6/11/2015 - Compliance DOL FLSA Obama Administration Paycheck Fairness Act Private Sector Restaurant Industry Salary Caps Technology Unpaid Overtime Wage and Hour White-Collar Exemptions

Blacklisting Proposed Rule and DOL Guidance Could Have Serious Repercussions for Those Doing Business with the Federal Government

On May 28, 2015, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Notice of Proposed Rulemaking (NPRM) regarding the so-called "blacklisting" procedures ordered by...more

6/2/2015 - Barack Obama Blacklist Comment Period Corporate Counsel DOL Employer Liability Issues Executive Orders Fair Pay and Safe Workplaces FAR Federal Contractors New Guidance NPRM Proposed Regulation

Spring Regulatory Agenda Sets Forth New Deadlines, Proposals

In keeping with past practice, federal agencies released their spring regulatory agendas on the eve of a holiday weekend. These semiannual reports list all of the federal agency regulations currently under development or...more

5/22/2015 - Affordable Care Act Compliance Discrimination DOL EEOC Executive Orders FDA Federal Acquisition Regulations Federal Contractors Federal Railroad Safety Act FLSA GINA Independent Contractors OFCCP OLMS OSHA SBREFA Small Business Unpaid Overtime Wage and Hour Whistleblowers

EEOC Officials Field Pointed Questions During Senate Committee Hearing

The Equal Employment Opportunity Commission's enforcement strategies and ligation history came under fire from Republican members of the Senate Committee on Health, Education, Labor and Pensions on Tuesday. During the hearing...more

5/21/2015 - ADA Attorney's Fees Conciliation Disability Discrimination EEOC Employee Benefits Genetic Discrimination GINA Wellness Programs

Senators Urge President to issue "Model Employer" Executive Order

On Friday, May 15, 18 Democratic Senators sent a letter to President Obama calling for him to issue an executive order that would make the federal government a "model employer." The letter is an updated version of letters the...more

5/20/2015 - Collective Bargaining Employee Benefits Executive Orders Government Contractors Healthcare Minimum Wage Unions Wage and Hour

EEOC Issues Long-Awaited Proposed Rule on Employer Wellness Programs

On April 18, 2015, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule on the treatment of employer wellness programs under the Americans with Disabilities Act (ADA). The proposed rule amends the ADA...more

5/15/2015 - ADA Affordable Care Act BMI Compliance EEOC GINA Healthcare HIPAA PPOs Privacy Laws Title II Wellness Programs

Department of Labor Issues Sweeping Fiduciary Rule Proposal

On April 14, 2015, the Department of Labor (DOL) released a proposal to re-define who is rendered a "fiduciary" of an employee benefit plan under the Employee Retirement Income Security Act (ERISA) by providing investment...more

4/23/2015 - Benefit Plan Sponsors Comment Period DOL ERISA Fiduciary Standard Investment Adviser Qualified Retirement Plans

The Supreme Court Sides with the Department of Labor in "Rulemaking" Challenge

The U.S. Supreme Court handed the U.S. Department of Labor (DOL) a victory in a battle over whether the agency's reversal of its stance on the exempt status of mortgage loan officers was subject to public notice and comment....more

3/11/2015 - Administrative Procedure Act Corporate Counsel DOL FLSA Mortgage Loan Originators Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Popular Rulemaking Process SCOTUS Statutory Interpretation

The Affordable Care Act and Staffing: One Size Does Not Fit All

Since its enactment in 2010, the Affordable Care Act (ACA) has generated debate and questions about the law's impact on third-party staffing arrangements. With the effective date of the ACA's "pay-or-play" employer mandate...more

1/27/2015 - Affordable Care Act Employee Definition Employer Mandates Full-Time Employees Independent Contractors IRS Pay or Play Staffing Agencies Temporary Employees

Annual Report On EEOC Developments: Fiscal Year 2014


1/5/2015 - Access To Justice ADA Conciliation Discrimination EEOC Enforcement Statistics Equal Pay Gender Discrimination Harassment Hiring & Firing PDA Popular Pregnancy Discrimination Sexual Orientation Discrimination Strategic Enforcement Plan Wage and Hour

ACA Outlook: What Will 2015 Hold for the Affordable Care Act and Employers?

For many employers, the effective date of the Affordable Care Act's "play-or-pay" mandate is only weeks away. The impending deadline comes amid questions about the future—and perhaps viability—of the law itself. Entering...more

12/19/2014 - Affordable Care Act Corporate Counsel Employer Group Health Plans Employer Mandates Full-Time Employees Halbig v Burwell Healthcare Healthcare Reform IRS King v Burwell Look-Back Measurement Period Popular SCOTUS Subsidies Tax Credits

New Year, New Laws: Compliance Challenges U.S. Employers Face in 2015

Although this year's labor- and employment-related legislative activity was down slightly from that of 2013 – in part due to congressional gridlock – by no means was 2014 insignificant. Throughout the year, an influx of new...more

12/12/2014 - Amended Legislation Corporate Counsel Election Results Employer Liability Issues Employer Mandates New Legislation Popular Year-End Planning

Political Speech and Activity in the Workplace: The 2014 Midterms are Here

Election season can be a heated time. In many contexts, this can mean arguments with friends, family, and acquaintances. It can also mean added tension and disagreement in the workplace. In some cases, employers may seek...more

10/30/2014 - Employee Rights First Amendment NLRA NLRB Political Expression

New "Fair Pay and Safe Workplaces" Executive Order Dramatically Increases Risks for Government Contractors

The White House has issued another Executive Order (EO) aimed at federal contractors, and it is the most sweeping order to date. The EO, titled "Fair Pay and Safe Workplaces," was issued July 31, 2014 and is intended –...more

8/4/2014 - Corporate Counsel Executive Orders Fair Pay and Safe Workplaces Federal Contractors Safety Precautions Wage and Hour Wages

IRS Final Rule Partially Delays ACA Employer Shared Responsibility Requirement

On January 10, 2014, the Internal Revenue Service (IRS) released final regulations governing the employer shared responsibility provisions of the Affordable Care Act (ACA). The final rule addresses application of the...more

2/25/2014 - Employee Definition Full-Time Employees IRS Part-Time Employees Pay or Play Safe Harbors Shared Responsibility Rule Transition Relief

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

In This Report: - Explanation And Scope Of This Preliminary Littler Report - Introduction - Workplace LAW Challenges And Solutions - A. Human Displacement - B. Union And Non-Union...more

2/14/2014 - Anti-Discrimination Policies Business Torts Discovery Healthcare Internet of Things Robotics Unions Wage and Hour Workers' Compensation Defense Workplace Safety

Annual Report on EEOC Developments - Fiscal Year 2013

In this Report: - Introduction - Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC - Overview...more

1/27/2014 - Civil Rights Act Compliance Discrimination EEOC Employee Rights Enforcement Actions Investigations Subpoenas Title VII

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