Posted at 15:08h in
Uncategorized In 1970, when Congress passed the Occupational Safety and Health Act (the “Act”) and created the Occupational Safety and Health Administration ( “OSHA”), it initially gave OSHA two years to adopt existing, industry-specific federal safety standards without going through formal rule-making procedures. OSHA thus adopted...
Posted at 15:06h in
Uncategorized On June 12, 2020, the U.S. Department of Health and Human Services (“HHS”) finalized a rule that, in pertinent part, repealed an Obama-era rule related to the nondiscrimination provisions of the Affordable Care Act (“ACA”).The ACA provides that an individual shall not, on the grounds...
Posted at 15:03h in
Uncategorized The U.S. Supreme Court, in Bostock v. Clayton, issued a landmark decision, ruling that Title VII’s prohibition against sex discrimination prohibits discrimination on the basis of sexual orientation or transgender status. This decision affirms, as many Circuit Courts of Appeal have held, that Title VII...
Posted at 15:24h in
Uncategorized On June 1, 2020, in a 5-4 decision, the U.S. Supreme Court held that two plan participants of a defined-benefit plan had no standing to sue their plan’s fiduciaries because, win or lose, the participants would receive the same monthly benefits and, thus, the participants...
Posted at 16:11h in
Uncategorized The U.S. Department of Labor (DOL) released guidance regarding business closures due to COVID-19 and the implications of the federal Worker Adjustment and Retraining Notification (WARN) Act. Because of the fact-specific inquiry under the WARN Act, if you have any specific questions regarding your business...
Posted at 16:09h in
Uncategorized On August 12, 2019, the National Labor Relations Board published a Notice of Proposed Rulemaking that included three amendments to the representation election regulations found in Title 29, part 103 of the Code of Federal Regulations. The purpose of the amendments is to “better protect...
Posted at 16:06h in
Uncategorized On February 26, 2020, the United States Supreme Court unanimously held in Intel Corporation Investment Policy Committee v. Sulyma, 140 S.Ct. 768 (2020) that to meet the “actual knowledge” requirement triggering the three-year limitations period in Section 413(2) of the Employment Retirement Income Security Act...
Posted at 13:57h in
SWB Blog In an opinion letter issued April 12, 2018, the Department of Labor (“DOL”) determined that an employer is not required under the Fair Labor Standards Act (“FLSA”) to compensate an employee for time the employee spends taking 15-minute breaks once every hour during the work...
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