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October employment law roundup

31 Oct 2018 7:32 PM | Anonymous

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

  • EEOC released preliminary data showing sexual harassment claims increased 12% in the last year since #MeToo.
  • DOL created voluntary reporting mechanisms to correct employee benefit plan issues. 
  • Proposed rules issued by DOL would expand the use of HRAs to pay for individual insurance premiums.  SHRM has a summary here.
  • DOL also proposed rules to create association 401(k) plans, allowing small employers to band together to offer retirement savings.  Check out SHRM’s article for more details.
  • If you are thinking about setting up an association health plan, there’s new compliance assistance available on employer.gov from DOL.
  • OSHA “clarified” its prior guidance on anti-retaliation provisions and the application to post-accident drug testing.  But see this article asking if the memo really provided any clarification.
  • OSHA is focusing on inspecting employers that failed to report injury data for the 2016 calendar year.
  • OSHA released the 2018 most-frequently cited workplace violations.
  • DOL updated the Labor Condition Application for H-1B visa applicants.
  • TN visas managed to make the cut in the newly-negotiated NAFTA agreement.
  • USCIS is set to propose H-1B lottery reform.
  • Social Security Administration increased the maximum earnings subject to SS payroll tax for 2019.
  • The Supreme Court resumed session.  For a look at employment cases on the docket this year (ADEA and arbitration), check out this article from SHRM.  Here’s a more in-depth article about the arguments set forth in the case over whether independent truck drivers must arbitrate workplace claims.

  • The 7th Circuit Court rejected an employer’s argument that “sexual horseplay” is not actionable harassment under Title VII.  In essence, because the men engaged in horseplay with other men and excluded the women, the Court concluded that the harassment was based on the employee’s sex (albeit same sex as the harasser), finding in favor of the employee. 

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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