On December 29, 2016, the Department of Labor (DOL) issued Interpretive Bulletin 2016-01 (the “Bulletin”) relating to the exercise of shareholder rights by fiduciaries of employee benefit plans, including the voting of mutual fund proxies under 401(k) and similar retirement savings plans.

What is the Obligation?

Generally, the Bulletin provides that fiduciaries that manage employee benefit plan assets have a fiduciary obligation to exercise shareholder rights for securities (including mutual funds) held by such plans. Thus, plan fiduciaries may not simply ignore their voting rights.Continue Reading Proxy Voting and Interpretive Bulletin 2016-01

The Supreme Court of Missouri recently issued an important decision in Norfolk Southern Railway Co. v. Dolan, holding that Missouri did not have personal jurisdiction over an out-of-state corporation registered to do business in Missouri that was conducting “substantial and continuous” business in Missouri, where an alleged injury to a resident of another state arose due to conduct outside of Missouri.
Continue Reading Missouri Supreme Court Limits Personal Jurisdiction

Today, OSHA published a new final rule on slip, trip and fall hazardsin general industry. The rule, which runs a stunning 518 pages in the Federal Register, is titled “Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems).” The final rule takes effect January 17, 2017, ending a long-running rulemaking that last involved a proposed rule in 2010 and comments and hearing through 2011. By OSHA’s estimate, the rule will cover “112 million workers at seven million worksites.”
Continue Reading New Slip, Trip and Fall OSHA Rule

Last week, OSHA published its new “Recommended Practices for Safety and Health Programs,” which advises employers to establish comprehensive internal safety and health programs and provides extensive guidelines and resources for doing so. In releasing the updated recommendations, OSHA argues that employers adopting such programs could reduce injuries and illnesses and promote sustainability.
Continue Reading OSHA Issues Recommendations For Employer Safety and Health Programs

In counseling employers on how to implement the Illinois Pregnancy Accommodation Act, we have noticed many employers have overlooked two important requirements—one of which easily can be audited without the employer even knowing.

Notice Posting

First, Illinois employers must post the English version of this notice in a conspicuous location on their premises, along with

In an April 2016 Interpretation Letter recently made publically available, OSHA responded to an inquiry about whether an employee’s self-treatment of wrist pain constituted medical treatment beyond first aid for recordkeeping purposes. The scenario at issue involved an employee who bought and used a rigid wrist brace due to experiencing wrist pain after working at a computer for a number of hours.  Later, when the employee saw a doctor at the occupational health clinic, the doctor determined that the brace was not necessary, but recommended that the employee continue to wear the brace if the employee felt it was relieving his pain.
Continue Reading OSHA Determines Doctor Recommendations Are Medical Treatment

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) published its final rule substantially revising the sex discrimination guidelines for federal contractors and subcontractors. The new rule brings the sex discrimination guidelines implemented in 1970 “from the ‘Mad Men’ era to the modern era.”

The final rule applies to any business or organization that (1) holds a single federal contract, subcontract or federally assisted construction contract in excess of $10,000; (2) has federal contracts or subcontracts that, combined, total in excess of $10,000 in any 12-month period; or (3) holds government bills of lading, serves as a depository of federal funds, or is an issuing and paying agency for U.S. savings bonds and notes in any amount.Continue Reading Sex Discrimination Guidelines for Contractors Are Updated

OSHA recently announced that it is delaying the effective date of the controversial anti-retaliation portion of its new recordkeeping rule in order to conduct additional outreach and provide educational materials and guidance for employers. The agency’s announcement comes on the heels of a legal challenge seeking injunctive relief from the anti-retaliation provision in the rule.
Continue Reading Anti-Retaliation Portion of OSHA’s Recordkeeping Final Rule Subject to Delayed Effective Date and Challenged in Court