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August Employment Round-Up

09 Sep 2018 7:48 PM | Anonymous

Busy with summer vacation in August?  Don’t worry – we got you covered.  Check out what you might have missed last month:

·         Senator Marco Rubio unveiled his “Economic Security for New Parents Act,” which would modify the Social Security Act to provide paid parental leave.  Read the high-level details from Senator Rubio here.

·         OSHA proposes to roll back its electronic recordkeeping, only asking employers for the 300A (and not the 300 or 301).  Check out this summary from Littler.

·         The IRS signed off on allowing 401(k) matching contributions to employees that pay down student loan debt.  Check out this article from ABRC for more.

·         DOL issued a round of new opinion letters, including the following:

    • Organ donors' qualification for FMLA leave
    • Compensability of time spent voluntarily attending benefit fairs and certain wellness activities
    • Application of the movie theater overtime exemption to a movie theater that also offers dining services
    • Application of the commissioned sales employee overtime exemption to a company that sells an internet payment software platform
    • Volunteer status of nonprofit members serving as credentialing examination graders
    • "No-fault" attendance policies and roll-off of attendance points under the FMLA
  • SHRM reports that H-1B denials and Requests for Evidence are on the rise. 

o   Keep in mind that a new USCIS policy goes into effect 9/11 in which a Request for Evidence is not required first before denying certain visa applications, so less opportunity to provide follow up information.

·         USCIS reversed course on third-party placement of foreign students.  If you have foreign students working for you through a temp agency (or you work a temp agency that places foreign students), you’ll want to read this article from SHRM.

·         Federal contractors – check out these new directives from OFCCP:

o   Protecting religious freedoms of businesses

o   Focusing reviews to ensure equal employment opportunities

o   Analysis of compensation practices

o   Recognition programs

o   Affirmative Action Program Verification Initiative – this one could be huge, requiring annual submission of compliance with AAP obligations!

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

And if you’re looking for specific pending legislation on a specific employment topic – either at a state or federal level – check out SHRM’s tracking tool here.

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