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June 2017

REFUSAL TO EXTEND LEAVE FOUND NOT TO VIOLATE ADA

| June 2017
One of the more common and difficult issues facing employers today is how long a leave of absence must be extended for an employee with a disability.  At one time, it was generally considered appropriate to have an administrative separation policy, to set an objective "cut-off" date for any further extensions of leave.  In recent years, such obj...
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LABOR SECRETARY FINALLY CONFIRMED

| June 2017
One of the more common and difficult issues facing employers today is how long a leave of absence must be extended for an employee with a disability.  At one time it was generally considered appropriate to have an administrative separation policy, to set an objective "cut-off" date for any further extensions of leave.  In recent years such objec...
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MANY EXPECT OSHA TO DELAY JULY 1 ELECTRONIC FILING DEADLINE

| June 2017
The U.S. Department of Labor (DOL) announced on May 17, 2017 that it was delaying the effective date of the Obama-era rule requiring that companies electronically report their injury and illness records.  The rule had taken effect January 1 and employers were obligated to send in their summary data by July 1, but now the effective date has been delay...
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TRUMP TO NOMINATE NEW MEMBERS OF NLRB AND OSHA

| June 2017
Reports indicate that the Trump Administration will nominate attorneys Marvin Kaplan and William Emanuel in June to fill two vacant positions on the NLRB.  The hope is to have the new members confirmed by the Senate before the August recess.  If confirmed, the NLRB would have a Republican majority for the first time in many years.  Many bel...
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DATA SHOWS NLRB QUICKIE ELECTION RULES NOT CHANGING MUCH

| June 2017
The bottom line results from the NLRB "quickie" or "ambush" election rules indicates the rules have truly sped up election dates, but election results are not changing much.  NLRB data shows that unions are winning elections about 66% of the time, both the before and after the effective date of the quickie election rule in 2015.  It does show th...
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RELIGIOUS FREEDOM EXECUTIVE ORDER MAY AFFECT WORKPLACE RULES

| June 2017
On May 4, 2017, President Trump issued an executive order instructing federal agencies to follow the Religious Freedom Restoration Act, a federal statute, and reconsider rules that inhibit religious freedom.  The Order does not expressly affect existing federal rules prohibiting discrimination based on sexual orientation and gender identity.  Th...
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OPINION VARIES AS TO WHETHER IMMIGRATION DEPORTATIONS ARE INCREASING

| June 2017
In a report issued in mid-May, Immigration and Customs Enforcement reported that during the first several months of the Trump Administration, arrests of people suspected of being in the U.S. illegally increased by more than a third, while the portion of arrests involving people without criminal records increased to 26% compared to 14% in the same period a...
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TRUMP’S "STRAY REMARKS" HAVE DOOMED HIS IMMIGRATION EXECUTIVE ORDERS

| June 2017
What do the court decisions on the Trump Administration’s executive orders banning entry by certain immigrants have to do with discrimination law?  It turns out the answer is "a lot."  The main objections to Trump’s executive order is that his words as a presidential candidate were used to show that the travel ban may be an unconstit...
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