Illinois Employment Law Update-September 2017

Disclosure of Genetic Information On August 25, 2017, Illinois Governor Bruce Rauner signed legislation (S.B. 318) amending the state’s Genetic Information Privacy Act. The bill prohibits an employer from penalizing an employee who does not disclose his or her genetic information or does not choose to participate in a program requiring disclosure of the employee’s genetic information. The law …

Federal Employment Law Update-September 2017

Revised EEO-1 “Component 2” Stayed Effective Immediately On August 29, 2017, the Office of Management and Budget (OMB) notified the Equal Employment Opportunity Commission (EEOC) that it is initiating a review and immediate stay of the new EEO-1 pay reporting requirements (Component 2) that were scheduled to take effect with the next filing cycle in March 2018. The previously …

IRS Releases Drafts of 2017 Forms 1094 and 1095

The IRS has released drafts of the forms and instructions that employers will use for 2017 reporting under the Affordable Care Act (ACA). It is expected that when the IRS releases final versions, the material will be virtually identical to the drafts. Applicable large employers (ALEs) will use the following: Draft 2017 Form 1094-C (transmittal to IRS). Draft 2017 …

Breaking News: Costly Overtime Rule Struck Down

On August 31, 2017, Federal District Court Judge Amos Mazzant overturned the Fair Labor Standards Act (FLSA) Final Overtime Rule that would have doubled the annual salary level to qualify for exemption from overtime from $23,660 to $47,476. The same judge issued an injunction stopping implementation of the final rule nine months ago, and the Trump administration did not …

EEO-1: No Wage and Hours Worked Requirement

The EEOC says “stay” On August 29, 2017 the Equal Employment Opportunity Commission (EEOC) Acting Chair Victoria Lipnic announced that the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) set an immediate stay of the previously announced EEO-1 pay reporting requirement that would have added new pay data reporting for certain employers with 100 …

DOL Guidance for Benefit Plans Impacted by Hurricane Harvey

The U.S. Department of Labor has issued compliance guidance for benefit plans, employers and employees, and service providers who are impacted by Hurricane Harvey. The guidance generally provides relief from various ERISA requirements and time limits for entities in the disaster area. This follows the Internal Revenue Service (IRS) announcement extending certain filing dates, including Form 5500. Key excerpts …

Court Orders the EEOC to Reconsider Its Wellness Program Rules

On August 22, 2017, in AARP v EEOC, a federal court found that regulations allowing employers to offer large incentives under workplace wellness programs were arbitrary. The court did not vacate (nullify) the rules due to concerns about disrupting employers’ existing programs. Instead the court has ordered the responsible agency, the Equal Employment Opportunity Commission (EEOC), to review and …

Answers to Employment Questions Raised by Inclement Weather

Our thoughts are with those in Houston and surrounding areas who are affected by the devastation of Harvey. With the area torn apart by flooding and the closure of roads, schools, and airports, some residents may find returning to work in the near future difficult. Harvey signals the beginning of storm season in the country. This can be a …

Ask the Experts: Transfers During FMLA

Question: Can an employee be moved to a different job while out on Family and Medical Leave Act (FMLA) leave? Answer: Sometimes an employer may be tempted to transfer an employee who is out on Family and Medical Leave Act (FMLA) leave to another position. A transfer is permissible under the FMLA, providing the employee is moved to an …

Delaware Employment Law Update – August 2017

Computer Security Breaches On August 17, 2017, Delaware Governor John Carney signed legislation (H.B. 180) amending state law regarding computer security breaches. Among other things, the bill: Requires any person who conducts business in Delaware and owns, licenses, or maintains personal information to implement and maintain reasonable practices and procedures to prevent the unauthorized acquisition, use, modification, disclosure, or …