Ilyse Schuman

Ilyse Schuman


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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

Bill Seeks to Overturn NLRB's New Joint Employment Standard

After returning from the August congressional recess, lawmakers were quick to introduce a bill that would negate the National Labor Relations Board's recent decision in Browning-Ferris. In this controversial decision, the...more

9/10/2015 - Browning-Ferris Industries of California Inc. Contractors Franchisee Franchises Franchisors Joint Employers NLRA NLRB Staffing Agencies Wage and Hour

President Signs Executive Order Mandating Paid Sick Leave for Federal Contractors, says DOL Final Rule on Contractor Pay...

The latest in a string of presidential actions targeting employers that do business with the federal government is a new Executive Order (EO) that will require federal contractors to provide their employers with paid sick...more

9/8/2015 - DOL Employee Benefits Executive Orders Fair Pay and Safe Workplaces Federal Contractors Minimum Wage Obama Administration OFCCP PTO Sick Leave Wage and Hour

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

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