Welcome to the Trüpp Legal Corner designed to keep business leaders informed of critical employment legislation and case law.
DOL requests extension on overtime rule appeal
The Department of Labor has asked for an extension of time to allow “incoming leadership personnel adequate time to consider the issues”, as Trump’s nominee for Secretary of Labor is scheduled for a confirmation hearing on February 2nd. Even if this extension is granted, the lower court still may take action. On January 3rd, the Texas Federal Judge denied the DOL’s motion to stay all proceedings while the appeal is pending. This means the court can rule on whether a permanent injunction is appropriate at any time.
Trump issues executive order limiting ACA regulatory burdens
An executive order was issued on day one of the new adminstration that directs federal agencies that oversee the Affordable Care Act (ACA) to waive and defer taxes and penalties imposed by the statute and its implementation. Though changes will not take place right away, this may mark the first move by Trump to unravel the current state of the ACA.
Senate takes first steps toward repealing ACA
The Senate has approved a budget blueprint that would let it repeal the Affordable Care Act (ACA) without a Democratic filibuster. This marks a necessary step for a repeal through a reconciliation of the bill. There have been no specifics released on how exactly Congress would replace the ACA.
EEOC wellness rules in effect
The new rules overseeing the fees employers can apply to employees who don’t participate in wellness programs came into effect on January 1, 2017. While the AARP showed great opposition to the new rules, employers were more welcoming due to the definitive guidance it provides in an area that has been filled with uncertainty for several years.
EEOC publishes guidance to minimize discriminatory treatment
A new question-and-answer guide on national origin discrimination has been released by the Equal Employment Opportunity Commission (EEOC). This document defines what national origin discrimination is, how it can be avoided, and realistic examples for “promising practices”.