WHD RELEASES FACT SHEET ON FMLA & RETALIATION

In December 2011, the Wage and Hour Division (WHD) of the Department of Labor (DOL) released a Fact Sheet regarding protection for individuals under the Family and Medical Leave Act (FMLA).

This fact sheet provides general information concerning the FMLA’s prohibition of retaliating against an individual for exercising his or her rights or participating in matters protected under the FMLA.

The fact sheet gives the following examples of prohibited conduct:

HHS DELAYS EFFECTIVE DATE FOR RELIGIOUS EMPLOYERS

On January 20, 2012, the Department of Health and Human Services (HHS) released a statement delaying the effective date of a rule requiring coverage of contraceptive services for religious employers.  In August 2011, HHS issued an interim final rule that will require most health insurance plans to cover preventive services for women including recommended contraceptive services without charging a co-pay, co-insurance or a deductible.

IRS ISSUES MORE GUIDANCE ON W-2 REPORTING OF HEALTH BENEFITS

On January 3, 2012, the Internal Revenue Service published Notice 2012-9, providing interim guidance on informational reporting to employees of the cost of their group health insurance coverage.  This notice restates and amends the interim guidance initially provided in Notice 2011-28.

7TH CIRCUIT ALLOWS HR DIRECTOR’S COMMENTS IN DISCRIMINATION CASE

The United States Court of Appeals for the Seventh Circuit has ruled that comments made by lower-level managers, such as those in human resources, can be admissible as evidence, even if that individual was not the final decisionmaker taking an adverse action. 

Lisa Makowski, an employee of SmithAmundsen, LLC, took leave under the Family Medical Leave Act (FMLA) beginning just before the birth of her child and continuing after the birth.

DOL PROPOSES HIRING GOAL FOR FEDERAL CONTRACTORS

The U.S. Department of Labor (DOL) has proposed a new rule that would require federal contractors and subcontractors to set a hiring goal of having 7% of their workforces be people with disabilities. The DOL’s Office of Federal Contract Compliance Programs (OFCCP) invites public comment on this proposal.

EEOC SAYS REQUIRING A HIGH SCHOOL DIPLOMA MAY VIOLATE THE ADA?!

Equal Employment Opportunity Commission (EEOC) Office of Legal Counsel staff members wrote a letter to respond to a request for public comment about the Americans with Disabilities Act (ADA) and the rules regarding qualification standards and disparate impact under the ADA. The letter is an informal discussion of the issue and does not constitute an official opinion of the EEOC, but gives an idea of the thinking of the legal staff.