OSHA to delay electronic record keeping rule until December 1: OSHA had proposed to delay the compliance date of the electronic record keeping portion of the new record keeping regulation, known as “Improve Tracking of Workplace Injuries and Illnesses,” from July 1, 2017 to December 1, 2017 in order to allow OSHA “the opportunity to further review and consider the rule.” OSHA had previously delayed the compliance date indefinitely. As a reminder, the anti-retaliation provisions of the new regulation became effective December 1, 2016 for federal OSHA and have become effective in most state plan jurisdictions as well. It is possible that the electronic record keeping may not be required at all. Employers will need to wait and see. The proposed rulemaking indicated that “OSHA also intends to issue a separate proposal to reconsider, revise, or remove other provisions of the prior final rule.” That could mean that the retaliation provision could be changed as well. Source: Fisher Phillips 6/27/17
EEOC has to reconsider its wellness regulations: A federal judge ordered the EEOC to reconsider its wellness regulations but did not immediately vacate the regulations. The judge said that the EEOC failed to offer a reasonable explanation for its decision to allow plans and insurers to offer incentives of up to 30% of the cost of coverage in exchange for an employee’s participation in a wellness program. The AARP had argued that the 30% incentives were inconsistent with requirements of the ADA and GINA that wellness plan participation be voluntary and that employees who cannot afford to pay a 30% increase in premiums will be forced to disclose their protected information when they otherwise wouldn’t choose to do so. The judge refused to vacate the regulations in order not to cause confusion in the marketplace. The decision will likely be appealed. Source: Law360 8/22/17
Not paying overtime for off duty responses to emails costs employer: No one should be surprised that the Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees for all overtime hours worked – including any overtime spent emailing, texting or on calls from mobile electronic devices. Employers are liable for the failure to make these required overtime payments whether the employers have actual or constructive knowledge of the employees’ overtime. In Jeffrey Allen et al. v. City of Chicago, No. 16-1029 (7th Circuit Court of Appeals, 4/6/2017), members of the Chicago Police Department’s Bureau of Organized Crime sued the City of Chicago for failure to properly pay overtime under the FLSA for overtime work completed by employees on City-issued BlackBerrys. Specifically, the Allen plaintiffs contended that, despite having an adequate overtime reporting policy, the Chicago Police Department maintained another “unwritten” policy, the practical effect of which was to discourage officers from seeking overtime payment for work performed on a BlackBerry. As a result of the informal policy, the plaintiffs claimed they never even asked for overtime pay for the work they performed. The City’s overtime policy did not prevent overtime unlike the written policy. The city lost. Source: Foley & Lardner LLP 8/14/17
U.S. DOL to recognize employers who hire veterans: The Veterans’ Employment and Training Service (VETS) has released proposed regulations to implement the Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017 (HIRE Vets Act), which requires the Labor Department to annually solicit and accept voluntary information from employers for consideration for the HIRE Vets Medallion Award. These awards are intended to recognize employer efforts to recruit, employ, and retain veterans. VETS will review applications and notify recipients of their awards, and announce their names in conjunction with Veterans’ Day. The HIRE Vets Act establishes specific criteria at two levels, "gold" and "platinum," for large employers (those with 500 or more employees), and gives the DOL discretion in establishing additional criteria for each large employer award level, as well as criteria for small and medium employers to qualify for similar awards. The notice of proposed rulemaking, published in the Federal Register on August 18, 2017, proposes the application process and criteria that VETS intends to use to receive, review, and process applications; verify the information provided; and award the HIRE Vets Medallion Award to those employers meeting the criteria and deserving the award. Source: CCH 8/21/17
More employers helping employees repay student debt: With nearly half of student loan borrowers leaving school owing at least $20,000, more employers are offering student loan repayment benefits to their employees, according to two new Consumer Finance Protection Bureau (CFPB) reports. The studies found that half of student loan borrowers are older than 34 when they start repayment, 30% of borrowers are not paying down their loan balances after five years in repayment, and more than 60% of borrowers are delinquent. The number of companies offering repayment assistance programs has increased over the last several years. Employer-sponsored student loan repayment assistance is being offered by a wide range of employers, including Fortune 500 companies, small businesses, and state governments. Source: CCH 8/21/17
Matchmaker matchmaker make me a match – What’s your credit score? It turns out credit scores are statistical shorthand for a whole lot more than the likelihood you'll repay a loan, according to a number of consumer surveys and academic studies. One study, released two years ago, looked at consumer credit data over 15 years and found that the higher the year-end credit score, the likelier the person was to form a romantic relationship over the next year. Now comes a survey from Discover Financial Services and Match Media Group, parent of Tinder and other dating sites, that shows just how appealing a good credit score can be. Financial responsibility was ranked as a very or extremely important quality in a potential mate by 69% of the 2,000 online daters surveyed. That placed it ahead of sense of humor (67%), attractiveness (51%), ambition (50%), courage (42%), and modesty (39%). A good credit score was associated with being responsible, trustworthy, and smart. Cute is ok, but good credit score is better. One study found that dating someone whose score is similar to yours when you meet increases the odds the relationship will succeed, Yet, it will likely take up to six months before someone is comfortable to acknowledge their credit background. Therefore, take your time before making that big decision and get all the facts. Source: Bloomberg 8/21/17