Incentives

News & Analysis as of

OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can Prepare

On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s...more

OSHA’s New Rule Will Impact Employer Post-Accident Drug Testing Policies

On November 28, 2016, a Texas federal judge denied a request for a preliminary injunction, which sought to enjoin implementation of the anti-retaliation provisions of the Occupational Safety and Health Administration’s...more

Court Refuses To Block OSHA’s New Anti-Retaliation Rule That Restricts Post-Accident Drug Testing And Safety Incentive Programs

A federal judge in Dallas, Texas, decided Monday that the Occupational Safety and Health Administration could begin enforcing the anti-retaliation provisions of its new “Reasonable Reporting Procedure” rule starting tomorrow...more

OSHA’s Regulation of Post-Accident Drug and Alcohol Testing to Become Effective, For Now

On November 28, 2016, a federal district court issued an order that allowed OSHA to move forward with implementation of its controversial standards related to mandatory post-accident drug testing programs and incident-based...more

OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule...more

Judge Rules That OSHA Can, FOR NOW, Start Enforcing Limits On Incentives And Drug Testing

On November 28th Texas US District Court Judge Sam Lindsay issued a 17 page Order denying employers groups a temporary injunction on OSHA’s revisions to its recordkeeping standard involving restrictions on safety incentives...more

Court Declines to Enjoin OSHA Drug Testing and Safety Incentives Under the Electronic Recordkeeping Reporting Rule

On a very limited legal basis, a federal district court has declined to enjoin the U.S. Occupational Safety and Health Administration from enforcing portions of its new recordkeeping rule related to potentially retaliatory...more

Big Changes Coming with New OSHA Rule on Electronic Reporting of Workplace Injuries

Effective January 1, 2017, the Occupational Safety and Health Administration (OSHA) will begin enforcing its new rule on electronic reporting of workplace injuries and illnesses. Although the final rule was issued on May 12,...more

OSHA Issues Awaited Guidance Concerning Injury Reporting and Anti-Relation Obligations, Yet Leaves Unanswered Questions for...

For many years the Occupational Safety and Health Administration (OSHA) has expressed significant concerns regarding its belief that regulated employers have been underreporting employee injuries or illnesses to OSHA and even...more

Non-Competition Restrictions

On October 25, 2016, the White House published a “State Call to Action,” urging states to reform their noncompetition laws. The Call to Action follows an earlier report from the White House which concluded that noncompetition...more

OSHA Issues Guidance on How it Will Enforce New Anti-Retaliation Regulation

Soon after delaying the effective date of §1904.35 for a second time, this time until December 1, the Occupational Safety and Health Administration posted formal guidance on its website explaining how the Agency interprets...more

DOJ and FTC Issue Guidance and Announce Policy Shift Regarding Antitrust Challenges to Hiring and Compensation Decisions

The U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resources Professionals on October 20, 2016. The guidance addresses the applicability of...more

SEC Probes Share Class Recommendations

In July, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) announced an initiative to identify instances where registered investment advisers may be improperly influenced by...more

AARP Files Suit to Block the EEOC’s Final Rules on Employee Wellness Programs

As we have previously discussed in detail in several blogs (New EEOC Regulations Provide Roadmap for Wellness Programs; EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA; and...more

OSHA Clarifies Limits on Post-Accident Drug Testing and Safety Incentive Programs

The Occupational Safety and Health Administration (OSHA) recently released a memorandum explaining “in more detail” two provisions added to the recordkeeping regulation: Section 1904.35(b)(1)(i) requiring “employers to have a...more

CMS Releases MACRA Final Rule, Easing 2017 Reporting Requirements

On October 14, 2016, the Centers for Medicare and Medicaid Services (CMS) released the final rule for the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The final rule marks the most significant reform to our...more

MACRA: Top 10 FAQs

Significant changes to the Medicare payment system are underway. The Medicare Access & CHIP Reauthorization Act of 2015 (MACRA) is set to take effect January 1, 2017. MACRA represents a deliberate departure by the...more

EEOC Clarifies ADA and GINA Wellness Incentive Rules

While the litigation over wellness programs rages on, the EEOC is still marching forward with the implementation of its wellness rules that we wrote about previously. As most people in the wellness space are aware, the...more

California Governor Signs Four Bills Affecting Density Bonus Projects

On September 28, 2016, Governor Brown signed new legislation relating to the construction of affordable and market-rate housing. Although AB 2501 has drawn the most attention from commentators and the media, AB 2442 and AB...more

District Court Decision Upholds Employer’s Wellness Program But Signals Support for EEOC Positions Going Forward

In EEOC v. Orion Energy Systems, Inc., the Eastern District of Wisconsin rejected the EEOC’s claims that Orion Energy’s wellness program violated the Americans with Disabilities Act (“ADA”). Although the court upheld the...more

The Latest Win for Wellness Programs May Be More of a Win for the EEOC

Although the U.S. District Court for the Eastern District of Wisconsin held that the employer wellness program at issue in EEOC v. Orion Energy Systems did not violate the ADA, the EEOC may find much it likes in this court’s...more

Wells Fargo Week, Part III-the Bank Knew All Along

You know it is going to be a very bad day when, as a company’s Chief Executive Officer (CEO), you receive a letter asking the following, “Specifically, the committee should thoroughly examine this issue, including: How it is...more

The Fault Line Running Under “No Fault” Attendance Policies

Seyfarth Synopsis: Many employers have “no fault” attendance policies in place to manage employee absenteeism. Are these policies putting California employers on shaky ground? Read on... “No fault” attendance policies...more

Preserving Your Company’s Future

The banking world was stunned recently by the revelation that 5,000 employees across the footprint of a national financial institution created fake bank accounts for existing customers in order to meet sales and incentive...more

Blog: It’s Back To Square One: Pay CEOs With Short-Term Incentives?

How to structure executive pay to drive performance over the long term—while avoiding pay levels that would be considered excessive—is a conundrum for compensation committees, consultants, proxy advisory firms and others...more

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