On June 28, the U.S. Department of Transportation’s Federal Aviation Administration issued a final rule on the operation and certification of non-hobbyist small unmanned aircraft systems (UAS or drones). The final rule covers commercial uses for UAS that weigh less than 55 pounds and it takes effect Aug. 29.

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 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. 

On June 28, 2016, the U.S. Department of Transportation’s Federal Aviation Administration (FAA) issued a final rule on the operation and certification of non-hobbyist small unmanned aircraft systems (UAS or drones). The final rule covers commercial uses for UAS that weigh less than 55 pounds and is effective August 29, 2016. 

On June 27, the U.S. District Court for the Northern District of Texas issued a nationwide injunction that will block the U.S. Department of Labor (DOL) from implementing the persuader rule, officially titled the Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA), which was scheduled to go into effect on July 1.  

The U.S. Department of Labor announced that the new annual hiring benchmark under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) is 6.9 percent, down slightly from 7 percent in 2015. The act requires federal contractors to take affirmative action to recruit, hire, promote and retain veterans.

On June 10, 2016, the 5th Circuit Court of Appeals issued a decision rejecting ABC’s challenge to the National Labor Relations Board’s (NLRB) controversial “ambush” election final rule.  ABC General Counsel Maury Baskin of Littler Mendelson P.C., Washington, D.C., argued the case on behalf of ABC of Texas, the Central Texas Chapter of ABC and the National Federation of Independent Business (NFIB) Texas on March 3 in New Orleans. 

On May 16, the U.S. Equal Employment Opportunity Commission (EEOC) released final rules under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) that address employer-sponsored wellness programs and financial inducements.  The rules specifically limit incentives for participation in programs that involve disability-related inquiries and/or medical examinations or require the disclosure of a spouse’s current or past health status information.