Overtime Appeal on Hold

On November 6, 2017, the U.S. Court of Appeals for the Fifth Circuit granted the U.S. Department of Labor's (DOL) motion to put on hold the DOL's appeal of a district court decision that invalidated controversial overtime regulations. The appeal will remain on hold pending the outcome of new rulemaking by the DOL, a final version of which could be months or even years away.

Arbitration at the supreme court

On October 2, 2017, the Supreme Court kicked off its October 2017 term by hearing oral argument on the legality of class action waivers in employment arbitration agreements. This case obviously will have a significant impact on employers so it is one that we are monitoring closely. Expect to see a decision issued sometime in January or February of next year.

Changes at the NLRB

On September 25, 2017, Republican management-side lawyer William Emanuel was confirmed to fill the last remaining vacant seat on the National Labor Relations Board (NLRB), giving Republicans a 3-2 majority. This majority may be short-lived, however, as NLRB Chair Philip Miscimarra notified the White House in August of his intention to leave the Board when his term expires in December, rather than seek reappointment to a second term. Finally, General Counsel Richard Griffin's term expired on October 31, and his replacement, Peter Robb, was confirmed by the Senate on November 8.

DAcA Rescission

On September 5, 2017, the administration rescinded the Deferred Action for Childhood Arrivals (DACA) program. DACA was instituted in 2012 and allows undocumented immigrants who were brought to the United States as children to apply for deportation relief and work authorization. Civil rights groups and business advocates are pressuring Congress to provide a legislative solution to the matter by the time the six-month phase out period expires in early March 2018.

Affordable care Act Developments

On October 12, 2017, President Trump issued an Executive Order expanding existing alternatives to Affordable Care Act (ACA)-covered health plans—such as association health plans—with the stated intention of providing consumers with more options. Later that same day, the president announced that he intends to cut off all future cost-sharing reductions paid to insurers that sell on the ACA market exchanges.

Wellness Programs

Following an August order from a U.S. District Court judge, the Equal Employment Opportunity Commission (EEOC) will reconsider its 2016 changes to its Americans with Disabilities Act and Genetic Information Nondiscrimination Act regulations relating to employer wellness programs. In a September 21, 2017 status report filed with the court, the EEOC stated that it intends to issue a Notice of Proposed Rulemaking by August of 2018 and a final rule by October of 2019 (with a probable effective date of early 2021).

Disability claims Procedure Regulations

On October 12, 2017, the DOL issued proposed regulations that would delay, until April 1, 2018, the effective date of the final regulations issued last December for disability benefits provided under retirement plans or welfare benefit plans.

H-1B Premium Processing

On October 3, 2017, U.S. Citizenship and Immigration Services announced that premium processing will now be available for extensions of H-1B status, the last category of petition that hasn't been available for premium processing treatment.

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