Ilyse Schuman

Ilyse Schuman

Littler

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EEOC Issues Final Rules on Wellness Programs

On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) issued final regulations governing the treatment of wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

5/23/2016 - ADA Affordable Care Act EEOC Employee Benefits Employer Group Health Plans GINA HHS HIPAA Incentives Non-Discrimination Rules Wellness Programs

Littler Principal Tammy McCutchen Highlights the Flaws in the DOL's Proposed Overtime Rules to Senate Small Business Committee

With publication of the Department of Labor's final overtime rule imminent, Littler Principal Tammy McCutchen testified before the Senate Committee on Small Business and Entrepreneurship on May 11, 2016, about how the...more

5/12/2016 - DOL Exempt-Employees FLSA Legislative Committees Minimum Salary New Legislation Non-Exempt Employees Over-Time Small Business Testimony Wage and Hour White-Collar Exemptions

Equal Pay Efforts Falter at the Federal Level, Gain Traction Elsewhere

Earlier this week, Senators Patty Murray (D-WA) and Deb Fischer (R-NE) attempted to force passage of two pay-related bills. The promotion of dueling legislation was likely a symbolic nod to Equal Pay Day, commemorated on...more

4/15/2016 - Corporate Counsel EEO-1 Equal Pay Equal Pay Act Fair Pay Act Federal Contractors Gender Discrimination Gender-Based Pay Discrimination OFCCP Proposed Legislation Wage and Hour

Department of Labor Issues Final Fiduciary Rule

The Department of Labor (DOL) has issued a final rule to re-define who is rendered a "fiduciary" of an employee benefit plan under the Employee Retirement Income Security Act (ERISA) by providing investment advice to a plan...more

4/8/2016 - Benefit Plan Sponsors Best Interest Contract Exemptions DOL Employee Benefits ERISA Fiduciary Duty Internal Revenue Code (IRC) IRA Retirement Plan

Republicans Introduce Bill to Nullify DOL Overtime Rule, While Democrats Introduce Legislation Addressing Wage Theft

Wage-related bills have been popular in Congress this week. While none of these measures are expected to be enacted during this election year, they provide clues to the battle that lies ahead for the Department of Labor's...more

3/18/2016 - Corporate Counsel DOL Final Rules FLSA Minimum Salary Over-Time Proposed Legislation Wage and Hour Wage Theft White-Collar Exemptions

DOL's White Collar Overtime Rule Advances

Despite significant concern from some lawmakers and the business community, the Department of Labor sent its final rule revising white collar overtime exemption regulations to the White House Office of Management and Budget...more

3/15/2016 - DOL FLSA Minimum Salary Popular Unpaid Overtime Wage and Hour White-Collar Exemptions

Workplace Policy Institute Insider Report — March 2016

Littler's Workplace Policy Institute® (WPI™) presents the Insider Report, a monthly newsletter detailing key labor, employment, and benefits policy developments at the federal, state, local and global levels. This month's...more

3/4/2016 - EEOC Federal Budget Gender-Based Pay Discrimination Joint Employers LMRDA Minimum Wage Sick Leave Title VII Voting Leave Wage and Hour Wage Theft White-Collar Exemptions Work Schedules

DOL Issues Proposed Rule Implementing Paid Sick Leave for Federal Contractors

On February 25, 2016, the U.S. Department of Labor (DOL) issued its long-awaited proposed rule to implement Executive Order 13706, which requires that covered federal government contractors provide employees with up to seven...more

2/26/2016 - Corporate Counsel DOL Employee Benefits Executive Orders Federal Contractors FLSA Hiring & Firing PTO Recordkeeping Requirements Sick Leave Wage and Hour

What are the Short- and Long-Term Employment Law Implications of Supreme Court Justice Antonin Scalia's Death?

For the last three decades, Justice Antonin Scalia served as a stanch and reliable conservative voice on the U.S. Supreme Court. While his rulings could be controversial at times, he remained widely liked and respected, even...more

2/15/2016 - Antonin Scalia FLSA Judicial Appointments Nominations Rule 23(b)(3) SCOTUS Unions

Retaliation and Disability Charges are on the Rise, According to EEOC Litigation and Charge Statistics for FY 2015

The number of charges filed with the Equal Employment Opportunity Commission (EEOC) is once again climbing, according to newly released litigation and enforcement statistics for FY 2015. During the past fiscal year, 89,385...more

2/12/2016 - ADA ADEA Annual Reports Corporate Counsel Discrimination EEOC Enforcement Statistics Retaliation Title VII Young Lawyers

EEOC Seeks Input on Proposed Pay Data Collection Requirements and Retaliation Enforcement Guidance

The Equal Employment Opportunity Commission is soliciting public comments on two proposed policy changes that could have a significant impact on employers. The agency plans to require companies with 100 or more employees to...more

2/1/2016 - Data Collection EEO-1 EEOC Equal Pay Report Fair Pay Act OMB Pay Discrimination Reporting Requirements Wage and Hour

DOL to Revive Survey to Assess Members of "Gig" Economy

The changing nature of employment, including the move to more online-based commerce, has increased the number of on-demand or "gig" workers. Estimates vary as to the number of workers in the so-called gig economy, but most...more

1/27/2016 - DOL Gig Economy Independent Contractors On-Call Employees Temporary Employees Wage and Hour

The OFCCP's Pay Secrecy Final Rule for Federal Contractors and Subcontractors is Now Effective

On January 11, 2016, the final rule issued by the Office of Federal Contract Compliance Programs (OFCCP) amending regulations to implement President Obama's Executive Order 13665, the so-called "Pay Secrecy" or "Pay...more

1/20/2016 - Anti-Retaliation Provisions Executive Orders Federal Contractors Non-Discrimination Rules OFCCP Pay Secrecy Pay Transparency Wage and Hour

State of the Union 2016 – What Will the President Focus on in his Final Year in Office?

While much of last night's State of the Union Address focused on big-picture issues, President Obama did make some specific employment-related comments during the annual speech to the country. One underlying purpose of this...more

1/14/2016 - Employee Benefits Health Insurance Paid Leave Private Sector Retirement Plan State of the Union

Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

1/13/2016 - ADA Annual Reports Class Action Corporate Counsel EEOC Enforcement Actions GINA Hiring & Firing Pregnancy Discrimination Religious Discrimination Wage and Hour Wellness Programs Young Lawyers

Supreme Court Signals Skepticism of Public-Sector Union Agency Fees

On January 11, 2016, the U.S. Supreme Court heard oral arguments in Frederichs v. California Teachers Association, a case that will decide whether public-sector employees can be forced to pay union dues as a condition of...more

1/12/2016 - Collective Bargaining First Amendment Free Speech Public Sector Unions SCOTUS Union Dues

ACA Outlook: What Will 2016 Hold for the Affordable Care Act and Employers?

For many employers, 2016 will bring new requirements and challenges with respect to compliance with the Affordable Care Act (ACA).  However, their burden in years beyond 2016 may very likely diminish because of recent changes...more

12/31/2015 - Affordable Care Act Automatic Enrollment Cadillac Tax Corporate Counsel Health Insurance Healthcare Pay or Play Popular Reporting Requirements

Congress Approves Spending and Tax Measures; Key Labor and Employment "Riders" Omitted from Bipartisan Funding Agreement

Considered the last legislative feat of 2015, Congress approved a massive tax and spending package on Friday that includes some positive and negative provisions for employers. The Omnibus Appropriations Act funds the federal...more

12/21/2015 - Affordable Care Act Appropriations Bill Cadillac Tax Federal Acquisition Regulations (FAR) H-2B Joint Employers Pending Legislation Silica

DOL's Persuader Rule Advances

After years in regulatory limbo, the Department of Labor’s final revisions to the so-called “persuader” rule have moved one step closer to publication. On December 7, the DOL’s Office of Labor-Management Standards (OLMS)...more

12/8/2015 - Corporate Counsel DOL LMRDA OLMS OMB Persuader Rules Reporting Requirements

Agencies Issue Final Rules Governing Contractor Minimum Wage, Whistleblower Protections

On December 4, 2015, three federal agencies published a final rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors. The same day, the...more

12/8/2015 - Federal Acquisition Regulations (FAR) Federal Contractors Minimum Wage Wage and Hour Whistleblower Protection Policies

Ushering in a New Year of Labor and Employment Legislation

With the new year less than one month away, the compliance countdown for new laws has begun. Limited time remains in 2015 for employers to ensure policies and practices are developed or revised to meet 2016 obligations. Time...more

12/4/2015 - Corporate Counsel Criminal Background Checks Equal Pay Popular Rest and Meal Break Sick Leave Veterans Wage and Hour Workplace Safety

Final Rules on Overtime, Crystalline Silica, and Persuader Agreements are Expected in the First Half of 2016

On Friday, federal agencies released their Fall 2015 Regulatory Plans and Unified Agendas. These semiannual reports detail all agency rulemaking efforts at their various stages of development and implementation. The...more

11/20/2015 - DOL Fair Pay and Safe Workplaces Federal Contractors GINA White-Collar Exemptions

The EEOC Issues Proposed Rule on GINA and Wellness Programs

On October 30, 2015, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to amend the regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) as...more

11/18/2015 - ADA EEOC Employment Discrimination GINA Wellness Programs

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