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By Camille Toney on August 26, 2016

The Department of Justice recently released its final rule extending coverage of the ADA Amendments Act (ADAAA) to Titles II and III of the Americans with Disabilities Act. This final rule, which takes effect Oct. 11, 2016, updates those titles to include the ADAAA.

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By Katherine Fechte on August 10, 2016 at 11:20 AM

Instead of taking effect Aug. 10, OSHA anti-retaliation provisions impacting post-accident drug-testing policies are now deferred until Nov. 1.The enforcement of anti-retaliation provisions in new injury and illness reporting regulations for employers has been delayed until Nov. 1, 2016.

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) published the final rule revising its regulations on the recording and reporting of occupational injuries and illnesses. The final regulations, which require employers to electronically submit information about workplace injuries and illnesses, also bar employers from retaliating against workers for reporting such incidents.

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By Katherine Fechte on August 8, 2016 at 1:25 PM

“Married on Saturday … fired on Monday”: Seventh Circuit holds Title VII doesn’t protect against sexual orientation biasOn July 28, 2016, the U.S. Court of Appeals for the Seventh Circuit ruled in a precedential decision that existing civil rights laws do not protect against sexual orientation discrimination. Although it was a unanimous decision, the court expressed great displeasure and conflict with the “illogical” legal structure in which “a person can be married on Saturday and then fired on Monday for just that act.”

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By Lauren Daming on June 22, 2016 at 2:15 PM

Following new rules issued on employer wellness programs, the Equal Employment Opportunity Commission on June 16 released an example of how employers should communicate with their employees about the medical information those programs obtain.

In May, the EEOC issued final rules clarifying that Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) allow employers to use incentives to encourage participation in wellness programs that include disability-related inquiries and/or medical examinations as long as the programs are voluntary and the incentives do not exceed certain limits. Now, the EEOC has provided an example of how employers that offer these wellness programs may notify their employees about the specifics.

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By Katherine Fechte on June 15, 2016 at 10:38 AM

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) published the much-anticipated final rule revising its regulations on the recording and reporting of occupational injuries and illnesses.

The final rule requires employers to electronically submit information about workplace injuries and illnesses, and it bars employers from retaliating against workers for reporting such incidents. It also requires employers to inform workers of their right to report work-related injuries and illnesses without fear of retaliation and clarifies employees’ rights to access workplace injury data.

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By Lauren Daming on June 6, 2016 at 11:41 AM

Circuit split: Do class and collective action waivers in employment agreements violate the NLRAOn May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic Systems, agreeing with the National Labor Relations Board’s position that mandatory arbitration agreements that prohibit employees from bringing class or collective claims violate the National Labor Relations Act. It was the first appellate court decision to accept the board’s stance, breaking with the Fifth Circuit and teeing up the final resolution of the validity of class waivers for the U.S. Supreme Court.

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By Lauren Daming on May 18, 2016 at 1:52 PM

On May 18, 2016, the U.S. Department of Labor (DOL) released the final rule updating the regulations defining and limiting “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA). These rules apply to workers who fall under the executive, administrative, or professional exemptions from the FLSA’s minimum wage and overtime protections. The rule will go into effect December 1, 2016, giving employers over six months to adjust.

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By Lauren Daming on May 17, 2016 at 1:14 PM

On May 16, 2016 the EEOC issued final rules amending the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) with respect to employer wellness programs. These changes clarify that employers may use incentives to encourage participation in wellness programs that include disability-related inquiries and/or medical examinations as long as the programs are voluntary and the incentives do not exceed certain limits. Additionally, the rules confirm that employers may provide incentives when employees’ spouses—but not children—provide certain health information.

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By Katherine Fechte on May 16, 2016 at 3:42 PM

It is no secret that the U.S. Department of Labor is expected to release the final rules related to the Fair Labor Standards Act (FLSA) soon — possibly sometime this month. The rules, which could make millions of more employees eligible for overtime, may also make compliance more difficult for employers and business leaders in their classification of employees.

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By Katherine Fechte on April 29, 2016

On  April 27, 2016, the House of Representatives passed a bill that would allow companies to go straight to federal court to fight trade-secret theft by their employees. Currently, when a company’s trade secrets are stolen, the only available remedies are to file a private civil action in state court or to convince the Justice Department to bring a criminal case.

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