Regulations

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    In yet another unexpected turn, the Obama administration recently released final regulations making further changes to the implementation of the Affordable Care Act's (ACA) employer responsibility section (also commonly referred to as the "play or pay" provision). Under this particular part of the ACA, employers with 50 or more employees face...
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    NLRB revives union election proposal. The National Labor Relations Board (NLRB) is revisiting a 2011 effort to change regulations governing union representation elections — changes the NLRB claims would streamline elections and prevent unnecessary litigation. Employer groups strongly opposed the changes when they were proposed in 2011,...
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    As we've been predicting, the Obama administration is now seeking to accomplish through administrative rulemaking what it couldn't achieve through legislation. As of last month, the National Labor Relations Board (NLRB) is moving "full steam ahead" with its prounion agenda. The Board is proposing to change the way it determines whether it will...
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    Consider this scenario: During the snowstorm in February, one of your employees fell and sustained serious injuries to both legs. The employee underwent two extensive surgeries, and his doctor says he won't be able to walk for seven months. He has no leave available and asks about working from home. As a matter of policy, you don't allow...
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    I'm no longer allowed to cuss in my house. It was a tough habit to break — as the only girl in a family of seven children, I grew up with a lot of profanity. But I realized that I had to change my family's behavior after a recent trip during which my three-year-old "impressed" her grandparents with her incredibly vast four-letter-word...
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    Under state and federal law, employers may not consider an employee's national origin when making employment decisions. But will a discrimination claim stand if the executive responsible for the employment decision believed in good faith that the terminated employee's performance failings supported the discharge, even if he was wrong? Read on to...
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    With the National Labor Relations Board (NLRB) at full strength for the first time in months and challenges to the legitimacy of its current decisions resolved, NLRB Chairman Mark Gaston Pearce recently outlined some of the leading issues on the Board's agenda. New rules on union elections — specifically, radically shortening the campaign...
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    In December, U.S. Citizenship and Immigration Services (USCIS) issued a revised memorandum of understanding (MOU) for all E- Verify participants (employer agents, employers using employer agents, and Web services users). Current users will not have to execute a new MOU; however, they must abide by the new terms and conditions as of January 8, 2014...
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    On September 26, 2013, the FAR Council and the U.S. Department of Defense (DOD) issued notices of proposed rulemaking that would amend the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS) to strengthen protections against human trafficking in federal contracts. Proposed regulations As...
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    As the Obama administration seeks to make its mark without the help of Congress, much of its emphasis is now on the regulatory agencies. Here's what we expect to see from the National Labor Relations Board (NLRB) in 2014. NLRB signals election rule changes On November 26, 2013, the NLRB issued its semiannual regulatory agenda, which again...
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