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By Amy Blaisdell, Camille Toney on October 12, 2017 at 4:17 PM

Word "delay" written on a clockTaking a page from the fiduciary rule playbook, today the U.S. Department of Labor (DOL) proposed a 90-day delay of the implementation of the amended ERISA claims procedure rule for employer-sponsored disability plans (“Final Rule”). The Final Rule was scheduled to take effect for ERISA disability benefits claims on January 1, 2018. The proposed delay would postpone the Final Rule’s application to April 1, 2018, giving the DOL time to decide whether to amend, modify or rescind the Final Rule.

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By Audrie Howard on September 19, 2017 at 11:14 AM

Red stop sign with the word "The Flu" shown on a white sign below itWith flu season right around the corner, employers may be starting to wonder what steps can be taken to ensure that the workplace remains productive and flu-free. Here are answers to some common questions about what employers can and cannot do with regard to flu shots for employees, as well as our recommendations for some best practices.

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By Lauren Daming on September 7, 2017 at 11:34 AM

White turnaround arrow on a brick wall, showing a reversal in a decision.Over the summer, the Missouri legislature took action to invalidate or cut back two ordinances passed by the city of St. Louis, causing the city’s minimum wage to revert to the statewide minimum of $7.70 per hour and making it unlawful for cities to adopt laws that would interfere with the free-speech rights of any “alternative to abortion agency” (e.g., a pregnancy resource center) or employees with objections to abortion.

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By Lauren Daming on September 1, 2017 at 11:40 AM

Word "Overtime" written in white text with a red backrgoundA Texas district court judge struck down the Obama administration’s overtime rule on Aug. 31, 2017, finding that the Department of Labor (DOL) had exceeded its authority in adopting a new salary threshold that would have entitled an estimated 4.2 million workers to overtime compensation.

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By Lauren Harris on August 28, 2017 at 3:29 PM

Image of the words "What's next?" written on a piece of paperThis summer, Missouri Gov. Eric Greitens signed into law Senate Bill 43, which substantially changes the way the Missouri Human Rights Act (MHRA) will be administered and interpreted. The MHRA’s core purpose is to prohibit employers from basing employment decisions on a person’s race, color, religion, national origin, sex, ancestry, age or disability, and it prohibits retaliation for engaging in protected activities covered under the act.

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By Katherine Fechte on August 8, 2017 at 2:15 PM

Blue binder with the word "overtime" on the side, on top of a deskThe U.S. Department of Labor (DOL) published a request for information (RFI) in late July seeking comments, data, ideas and information on an appropriate salary level for exempt employees under the Fair Labor Standards Act (FLSA).

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By Dennis Collins on August 3, 2017 at 9:15 AM

Update: This post has been updated to correct a reference to the National Right to Work Legal Defense Foundation’s appeal. The Missouri workers represented by the National Right to Work Legal Defense Foundation are suing not to prevent a public vote but to ensure that the summary of the proposition that appears on the ballot in 2018 does not confuse or mislead voters.

Missouri Gov. Eric Greitens earlier this year signed into law a bill that prohibits requiring employees to join a union or pay union fees. The law was set to become effective Aug. 28, 2017. However, while the governor signed the bill, Missouri allows for a party to petition for a referendum to put the issue before voters. Mike Louis, President of the Missouri AFL-CIO, submitted a request to the Missouri Secretary of State for a referendum whereby the issue would be submitted to the voters for their approval or rejection.

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By Jill Luft on July 18, 2017 at 3:40 PM

U.S. Department of Homeland Security LogoOn July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a new version of the Form I-9, Employment Eligibility Verification. Changes to the Form I-9 instructions are fairly minimal and include:

  • The Department of Justice "Office of Special Counsel for Immigration-Related Unfair Employment Practices" is now called the "Immigrant and Employee Rights Section.”
  • The words “the end of” have been removed from the phrase “the first day of employment” in the description of the day on which the Form I-9 completion is required.
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By Katherine Fechte on June 19, 2017 at 1:35 PM

Image of the Department of Justice (DOJ) buildingIn what is considered an “unprecedented action,” the Department of Justice (DOJ) has switched sides to argue on behalf of employers, and against the position of the National Labor Relations Board (NLRB), in the U.S. Supreme Court battle over employment agreements mandating arbitration. The DOJ said Friday that it no longer supports workers in the case NLRB v. Murphy Oil, which addresses whether an employment contract that requires the employee to waive his or her right to bring a class-action lawsuit against the employer violates the National Labor Relations Act.

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By Audrie Howard on June 8, 2017 at 9:45 AM

Blocks showing employeesOn June 7, 2017, the U.S. Department of Labor (DOL) announced the withdrawal of two Obama-era guidance letters that provided guidance on joint employer and independent contractor classifications. The withdrawal of these two guidance documents marks a step toward more flexibility for employers.

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