Friday, September 18, 2020
Chilly Local weather in D.C. Identical to the little bit of autumn chill that descended upon Washington, D.C., this week, congressional negotiations over a brand new pandemic aid bundle have cooled. A compromise legislative effort introduced this week by the bipartisan Downside Solvers Caucus was not notably well-received by leaders in each events who now seem extra targeted on stopping one other authorities shutdown on the finish of the month.
DOL Revises FFCRA Regs. A number of weeks in the past, the US District Court docket for the Southern District of New York invalidated key provisions of the U.S. Division of Labor’s (DOL) Households First Coronavirus Response Act’s (FFCRA) implementing rules. Whereas there may be nonetheless time for the DOL to enchantment the choice, the company issued a brand new short-term rule on September 16, 2020, with a view to handle the continued uncertainty created by the courtroom’s determination. As defined in larger element by Burton D. Garland, Jr. and Charles L. Thompson, IV, the revised rule reaffirms some parts of the unique rule (e.g., paid depart is offered solely the place the employer has work accessible for the worker) whereas modifying different parts of the rule (e.g., the definition of “well being care supplier” has been restricted).
Home Dems Search NLRB Joint-Employer Rule Paperwork. Because the federal authorities and enterprise teams consider their subsequent steps after a federal courtroom in New York struck down the DOL’s joint-employer rule, Democratic members of the U.S. Home of Representatives this week continued their scrutiny of the Nationwide Labor Relations Board’s (NLRB) dealing with of the joint-employer problem. In a press launch responding to a subpoena from Home Democrats, the Board said that it has “traditionally denied disclosure of [these] forms of inside paperwork” as a result of “disclosure of those pre-decisional paperwork would discourage company workers from offering candid recommendation and undermine the inner deliberations of the Board.” Regardless of the authorized final result, it’s clear that the joint-employer problem will proceed to stay a serious coverage problem in Washington, D.C.
NLRB Contract Bar Remark Extension.Talking of the NLRB, the Board this week prolonged the time for the general public to submit amicus briefs on whether or not it ought to amend its “contract bar” doctrine, which prohibits illustration elections in the course of the lifetime of a collective bargaining settlement for as much as three years. Amicus briefs are actually due by October 7, 2020.
Federal Contractor Replace. Federal contractors might want to concentrate on two objects that not too long ago issued from the Workplace of Federal Contract Compliance Applications (OFCCP):
On September 11, 2020, OFCCP revealed a Company Scheduling Announcement Listing of federal contractors and subcontractors which were chosen for compliance evaluations. For extra particulars, and to see in case you have made the record, take a look at Scott Kelly’s article right here.
On September 14, 2020, OFCCP, pursuant to the Paperwork Discount Act of 1995, filed an data assortment request looking for “authorization for an annual Affirmative Motion Program [AAP] on-line certification course of for federal contractors and for a safe methodology for federal contractors to submit AAPs electronically to OFCCP when they’re scheduled for a compliance analysis.” Written feedback are due by November 13, 2020.
FMLA Remark Deadline. September 15, 2020, was the deadline for stakeholders to submit feedback to the DOL’s Wage and Hour Division’s Request for Data (RFI) “relating to the rules implementing the Household and Medical Go away Act of 1993 (FMLA or the Act).” The RFI requested, amongst different issues, data on the challenges employers and workers expertise “making use of the regulatory definition of a severe well being situation,” “when an worker takes FMLA depart on an intermittent foundation,” and “when workers request depart or notify their employers of their want for depart.”
Rayburn’s Anniversary. Eighty years in the past this week, on September 16, 1940, the U.S. Home of Representatives elected Samuel Taliaferro Rayburn of Texas to function Speaker of the Home within the 76th United States Congress. The 24-term former congressman holds the file for longest tenure as Speaker, serving over 17 nonconsecutive years. Rayburn’s legislative accomplishments embody serving to to acquire $1.6 billion to fund the Manhattan Challenge, shepherding via landmark payments establishing the federal interstate freeway system, the Federal Aviation Administration, and the Nationwide Aeronautics and House Administration, and serving to safe statehood for Hawaii and Alaska. Contemplating Rayburn’s lasting legislative legacy, it’s a disgrace that one in all Washington, D.C.’s worst workplace buildings—described because the “ugliest and poorest deliberate public constructing in the US”—bears his title.
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