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December 2016 Newsletter

Based on both campaign promises and Donald Trump's plans for his first 100 days, a Trump presidency is likely to make major changes in employee benefits law. The most significant ones are likely to be: Major changes in the Affordable Care Act (although the timing and extent of such changes are unclear), combined with expansion of health savings accounts.Postponement or elimination of the recently issued Department of Labor fiduciary regulations....
Feeling whipsawed? Last summer, I reported on the Hively v. Ivy Techdecision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is not “sex discrimination” or unlawful sex stereotyping that violates Title VII. That decision has since been vacated, and the case will be heard again on November 30 by all of the Seventh Circuit...
Congratulations to President-Elect Donald J. Trump, and to everyone who was elected or reelected to office yesterday. With a President Trump and Republican majorities in both houses of Congress, employers may see some changes in the form of less aggressive regulatory agencies, a National Labor Relations Board that is more employer-friendly, and some relatively conservative appointments to the federal courts, including the U.S. Supreme Court....
On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued a publication entitled “Antitrust Guidance for Human Resource Professionals” which, according to the opening paragraphs, is “intended to alert human resource (HR) professionals and others involved in hiring and compensation decisions to potential violations of the antitrust laws.” The three bold-faced headings within the...
Employers have long understood that what their employees do on company time is directly linked to the company’s own potential liabilities. When employees using mobile electronic devices cause harm, their carelessness isn’t only a problem for them—on company time, it can become a major problem for employers, as courts across the country have made clear in the past few years. Many employers are now reevaluating their cell phone usage policies for...
As the United States is transitioning to a new administration led by Donald Trump who will serve as the 45th President of the United States, much of the international community is struggling to come to grips with the global implications of a Trump presidency. Whereas President-elect Trump is currently the focus of global politics, he was—not so long ago—best known for his television show, The Apprentice, and his tagline, “you’re fired!”...
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