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July Roundup

31 Jul 2018 8:56 AM | Anonymous

A good summary of the important employment news you might have missed in July:

  • SHRM released its 2018 Employee Benefits survey.
  • FMLA forms were extended another 30 days, with a current expiration of 7/31/2018.
  • DOL formally rescinded the Persuader Rule, which required public disclosure of relationships with labor relations consultants, including attorneys.  The rule was previously permanently enjoined in November, 2016, and never took effect.   SHRM has an article about the potential impact.
  • President Trump signed an executive order creating the National Council for the American Worker, which is intended to provide a national strategy for training and retraining workers for high-demand industries. 
  • USCIS issued a memo allowing its adjudicators to deny visa petitions without a requirement to try to correct the petition first, making it easier to deny petitions.  The guidance originally required USCIS to issue a Notice to Appear to anyone who filed a visa that was not lawfully present at the time of application, but that requirement has been placed on hold temporarily.  See Godfrey & Kahn’s article for the impact to employers.
  • On July 13, the DOL issued a field assistance bulletin addressing whether caregivers are independent contractors, but provides some guidance on how the DOL will view independent contractors since the prior guidance was rescinded. 
  • A bill introduced in the House has bipartisan support to require workplace sexual harassment training; provide a confidential tip line to EEOC; and require publically-traded companies to report settlements to the SEC.  Read a press release from the sponsor, Rep. Lois Franke (D-FL).
  • Before the House started its August recess, it took up several healthcare related bills.  Eleven different measures made it out of the Ways & Means Committee, but only two bills made it out of the House.  These measures would expand the way HSAs could be used.  The bill delaying the Cadillac tax has not moved forward, but SHRM advocates for it to be delayed (or eliminated).
  • SHRM-backed Workflex in the 21st Century Act bill got a hearing before the House Subcommittee on Health, Employment, Labor and Pensions on July 24.  Check out SHRM’s summary of testimony from SHRM CEO Johnny C. Taylor.  
  • The Senate passed a bill overhauling technical education; the House had passed its own version of the bill in 2017, so now either chamber needs to review the other’s version. 
  • The House Republicans introduced “Tax Reform 2.0.”
  • The 2019 proposed budget includes several provisions regarding immigration.

Don’t forget to check out the most recent case law update from WISHRM’s partner, BoardmanClark.


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