Workplace Policy Institute Insider Report — September 2016

The September edition of Littler's Workplace Policy Institute Insider Report examines what federal agencies were up to while Congress was out of session, and discusses state and local laws that advanced in the weeks leading up to Labor Day. The Insider Report includes the following sections:

Insider Briefing [p. 1]. August is typically a slow month in Washington. With Congress out of session, there is an exodus from the hot and humid Capital. However, with only a few months left in the Obama Administration, August was anything but slow from a workplace policy perspective. The Department of Labor (DOL), National Labor Relations Board (NLRB) and Equal Employment Opportunity Commission (EEOC) released regulations and subregulatory directives that could have profound implications for employers. As the highly charged presidential and congressional elections rapidly approach, Members of Congress and stakeholders in the employer community weighed in on the final administrative push to effectuate its workplace policy agenda before the next president and Congress are sworn into office. 

On the Move [p. 1]. With Labor Day approaching, lawmakers at the local, state, and federal levels will continue to push bills, ordinances, and ballot initiatives governing the workplace. While August is ordinarily a sleepy legislative period, at least eight city labor and employment-related ordinances were adopted, seven state bills enacted, and six local ballot initiatives certified for the November election. Another handful of bills cleared both legislative chambers. Measures considered last month include those related to equal pay, paid time off, minimum wage, non-compete agreements, and fair scheduling.

In Focus [p. 10]. On August 9, 2016, the U.S. Department of Labor’s Women’s Bureau announced it awarded $1.1 million in grants to research and analyze how paid leave programs can be developed and implemented across the country. The announcement was notable because it reinforced the Administration’s commitment to paid leave mandates for workers, even absent federal legislation. The grant announcement came as a final rule imposing paid leave requirements on certain government contractors under Executive Order 13706 is under review by the White House Office of Management and Budget. Release of the final rule is slated for September. The announcement was also notable because it recognized that many states and localities are not waiting on Congress to act, and will further fuel those efforts. 

Global Report [p. 8]. This section provides a roundup of international labor and employment news.

Outlook [p. 12]. A calendar of events provides information on upcoming regulatory comment deadlines, agency meetings, and related activities.

Click here to read the full Insider Report. 

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.