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September Employment Law Roundup

01 Oct 2018 12:07 PM | Anonymous

A good summary of the important employment news you might have missed in this past month:

·         DOL issued new FMLA forms (but spoiler alert: same as the old ones, other than the expiration date)

·         DOL created two new websites – employer.gov and worker.gov to provide important, easy-to-use compliance information

·         NLRB issued a proposed rule about joint employers, requiring there to be direct control over the worker for a finding of joint employment.  For a summary of the update, check out SHRM’s article.

·         A “Tax Reform 2.0” measure passed the Ways & Means Committee and will head to the House for a vote, which would reduce compliance burdens and promote retirement savings.  SHRM has more details here.

·         IRS updated draft instructions for the 1095 and 1094s owed under ACA, though it appears to be minimal changes from last year.

·         A bill (HR 3798 Save American Workers Act of 2017) that would change “full time” under healthcare reform to 40 hours per week made it through the Ways & Means Committee.  SHRM reported that the House would likely vote on it the last week of September, but it didn’t make the cut in September.

·         There’s a new FCRA notice, which must be used after 9/21/18 for those providing rights and responsibilities notice after taking adverse action based on third-party background checks. Godfrey & Kahn provide a summary here.

·         Wisconsin was recently the focus of an enforcement surge by ICE, resulting in 83 arrests.  Check out this SHRM article about ICE raids and how those differ from an audit.

·         Have you (are you thinking about) instituting paid leave to get that new paid family leave credit under the tax reform bill?  IRS just issued some guidance on the credit.

·         DOL wants to remove patient lifts from the list of hazardous equipment a 16 or 17-year-old minor would not be allowed to operate.  The Notice of Proposed Rulemaking is open for public comment for 60 days.

·         If you are in the hotel industry and use H-2B visas, DOL has new compliance tools for you (but is also ramping up investigations). 


If you’re looking for an update on certain legislation, check out this tool from SHRM that tracks important employment legislation both at state and federal level.

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


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