Weekly Update Newsletter - March 2016 #3

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DEPARTMENT OF LABOR

Establishing Paid Sick Leave for Federal Contractors

The Department of Labor, Wage and Hour Division, issued a proposed rule extending the comment period for filing written comments on the proposed rulemaking: Establishing Paid Sick Leave for Federal Contractors from March 28, 2016 until April 12, 2016. The Notice of Proposed Rulemaking was published in the Federal Register on February 25, 2016, 81 Fed. Reg. 13306. Comments must be received by 11:59 p.m. on April 12, 2016. 

Procedures for Handling Retaliation Complaints under MAP-21

The Department of Labor has provided the interim final text of the regulations governing the employee protection (retaliation or whistleblower) provisions of section 31307 of the Moving Ahead for Progress in the 21st Century Act (MAP-21 or the Act). This rule establishes procedures and time frames for the handling of retaliation complaints under MAP- 21, including procedures and time frames for employee complaints to the Occupational Safety and Health Administration (OSHA), investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (ARB) (acting on behalf of the Secretary of Labor) and judicial review of the Secretary's final decision. It also sets forth the Secretary's interpretations of the MAP-21 whistleblower provision on certain matters, 81 Fed. Reg. 13976. This interim final rule is effective on March 16, 2016. Comments and additional materials are due on, or before, by May 16, 2016. 

Procedures for Handling Retaliation Complaints under the Consumer Financial Protection Act of 2010

The Department of Labor has establishes the final procedures and time frames for the handling of retaliation complaints under CFPA, including procedures and timeframes for employee complaints to the Occupational Safety and Health Administration (OSHA), investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (ARB) (acting on behalf of the Secretary of Labor) and judicial review of the Secretary of Labor's final decision, 81 Fed. Reg. 14374. The final rule is effective March 17, 2016. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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