Ilyse Schuman

Ilyse Schuman

Littler

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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

House Passes Transportation Bill with Meal and Rest Break Implications

On November 5, 2015, the House of Representatives approved a transportation funding bill with an amendment that would reverse a 2014 Ninth Circuit decision that California's meal and rest break laws are not preempted under...more

11/9/2015 - DRIVE Act FAAAA Rest and Meal Break Trucking Industry Wage and Hour

Bipartisan Budget Deal Includes Provisions Impacting Employers

On Monday, President Obama signed into law a two-year bipartisan budget deal that has several implications for employers. The Bipartisan Budget Act of 2015 (H.R. 1314) suspends the debt ceiling limit until March 2017, and...more

11/3/2015 - Affordable Care Act Bipartisan Agreement Consumer Price Index Defined Benefit Plans DOL Federal Budget Health Insurance Healthcare Insurance Industry Obama Administration Opt-Outs OSHA PBGC

House Panel Advances Bill to Clarify Joint Employer Standard

Following a series of congressional hearings on the National Labor Relations Board's Browning-Ferris decision, the House Committee on Education and the Workforce voted on Wednesday to advance a bill that would effectively...more

10/29/2015 - Browning-Ferris Industries of California Inc. Class Action Employer Liability Issues Equal Pay Act Joint Employers NLRA NLRB Paycheck Fairness Act Sex Discrimination Staffing Agencies Wage and Hour Work Schedules

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

10/26/2015 - B-1 Business Visitor Canada DOL ESTA FLSA Foreign Nationals Foreign Workers H-1B Independent Contractors Mexico Misclassification NAFTA Popular TN-Visas Wage and Hour Work Visas

President Obama Signs ACA Change Into Law

While Republican efforts to effectively repeal the Affordable Care Act (ACA) through the budget reconciliation process have garnered attention, Congress's recent passage of a bipartisan bill making targeted changes to the law...more

10/15/2015 - Affordable Care Act Corporate Counsel Employee Benefits Employer Group Health Plans Health Insurance Healthcare New Legislation Obama Administration PACE Popular

House Subcommittee Holds Hearing on Proposed Amendments to Overtime Rule

The Department of Labor's controversial proposed changes to the "white collar" overtime exemption regulations came under fire during a House Subcommittee on Investigations, Oversight and Regulations hearing on October 8,...more

10/8/2015 - Compliance DOL Federal Register FLSA Minimum Salary Regulatory Flexibility Act Regulatory Oversight Committee Restaurant Industry Retail Market Small Business Unpaid Overtime Wage and Hour White-Collar Exemptions

White House Holds Worker Voice Summit

On Wednesday, the White House hosted a Summit on Worker Voice, an all-day event focused on promoting organized labor. The Summit featured panel discussions involving workers, union officials and organizers, and "model"...more

10/8/2015 - AFL-CIO Collective Bargaining Obama Administration Unions Unpaid Overtime Wage and Hour Worker Protection Standard

Senate Panel Takes up Joint Employer Issue

A week after a House subcommittee held a hearing on the National Labor Relations Board's new joint employer standard, it was the Senate's turn to address the aftermath of the Board's Browning-Ferris decision. In...more

10/6/2015 - Browning-Ferris Industries of California Inc. Employer Liability Issues Franchisee Franchises Franchisors Joint Employers Minimum Wage NLRA NLRB Staffing Agencies Subcontractors Temporary Employees Wage and Hour

White House Summit to Promote "Worker Voice"

On October 7, 2015, the White House and the U.S. Department of Labor will host a "Summit on Worker Voice," an event intended to "ensure that working Americans are fully sharing in the benefits of the broad-based economic...more

10/5/2015 - DOL Obama Administration Unions

House Hearing Addresses NLRB's New Joint Employer Standard

Members of the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing on a bill that would undo the new joint employer standard the National Labor Relations Board recently established. As previously...more

9/30/2015 - Browning-Ferris Industries of California Inc. Franchisee Franchises Franchisors Joint Employers NLRA NLRB Subcontractors Subsidiaries U.S. House Wage and Hour

Executive Order Requires Federal Contractors to Provide Paid Sick Leave

On Labor Day, President Obama unveiled the latest executive branch action taking aim at federal government contractors. As labor and employment legislation has stalled in a divided Congress, the White House has again turned...more

9/23/2015 - Employee Benefits Executive Orders Federal Contractors Healthy Families Act Obama Administration PTO Service Contract Act Sick Leave Wage and Hour

Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices

Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more

9/17/2015 - Back Pay Collective Bargaining Corporate Counsel Labor Law Violations NLRA NLRB Proposed Legislation Unfair Labor Practices Unions Wage and Hour

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