Due to a provision in the Bipartisan Budget Act of 2015, all agencies with civil monetary penalties covered by the statute have the authority to raise penalties annually in line with the Consumer Price Index (CPI). Some agencies affected by this increase include DOL, EPA and OSHA. The provision also allows OSHA to have a one-time “catch-up adjustment” in 2016 since the fines have not increased since 1990.

On July 11, the National Labor Relations Board (NLRB) issued its decision in Miller & Anderson. In a 3-1 decision, the NLRB held that “employer consent is not necessary for units that combine jointly employed and solely employed employees of a single user employer. Instead, we will apply the traditional community of interest factors to decide if such units are appropriate.” Philip A. Miscimarra, the only Republican Board Member, dissented. The NLRB’s decision can be read here.  

The U.S. Department of Labor (DOL), Wage and Hour Division recently released a new guide to the Family and Medical Leave Act (FMLA) for employers, managers, human resources specialists, and professional leave administrators. The Employer’s Guide to the Family and Medical Leave Act provides employers with a roadmap for leave administration from the initial leave request to the employee’s return to the same or equivalent job at the conclusion of leave.

On July 13, the Occupational Safety and Health Administration (OSHA) announced it was delaying enforcement of the anti-retaliation provisions in the electronic injury reporting and anti-retaliation final rule, also known as Tracking of Workplace Injuries and Illnesses, until Nov. 1, 2016.  The provisions were originally scheduled to go into effect on Aug. 10. 

The U.S. House of Representatives Appropriations Committee approved the FY 2017 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act Jul 14 in a 31-19 vote. 

ABC, TEXO and a coalition of stakeholders filed suit against the Occupational Safety and Health Administration’s (OSHA) final rule on Tracking of Workplace Injuries and Illnesses, commonly referred to as the “electronic injury reporting and anti-retaliation final rule” on July 8. The suit immediately challenges the anti-retaliation provisions of the final rule that will limit post-accident drug testing and safety programs that contribute to construction jobsite safety.

The U.S. House of Representatives passed the Restoring Access to Medications Act (H.R. 1270 ) July 6, which would roll back a provision in the Affordable Care Act (ACA) that requires prescriptions for over-the-counter medications purchased under flexible spending arrangements and health savings accounts. The bill, sponsored by Rep. Lynn Jenkins (R-Kan.) and Rep. Ron Kind (D-Wis.), passed the House 243-164  in a bi-partisan vote.

ABC hopes you enjoy the first edition of the redesigned Newsline eNewsletter! The new format is mobile-friendly and personalized, including an ABC chapter button that makes it easy for readers to visit their local chapter websites for events and news. Need to update your information or want to invite a colleague to subscribe?

ABC’s 2016 National Craft Championships gold medalists were honored before an audience of more than 40,000 at a July 1 baseball game at Nationals Park in Washington, D.C. Before the game, the champions and their families were given all-access passes to the field and were able to watch batting practice, followed by a picnic hosted by ABC in the fairgrounds just outside the stadium.

On June 15, 2016, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a final rule on Discrimination on the Basis of Sex.  The final rule applies to federal contractors (including subcontractors) and is effective on Aug. 15, 2016.