Wyatt Employment Law Report


Leave a comment

The AARP’s Position on EEOC Wellness Program Rules

insurance_photoBy Amanda Warford Edge

While the focus in the Bluegrass state over the past couple of weeks has been on horses and bourbon, a lobbying group for older Americans — the AARP — has asked a federal judge in Washington, D.C. to rule that the EEOC’s new guidelines for employee wellness programs are illogical and arbitrary.  According to the AARP, the guidelines allow companies to violate workers’ medical privacy rights.  The AARP filed its summary judgment motion on Friday, April 28.  The lawsuit was initially filed in October 2016.  Wellness programs, of course, include programs where an employer provides incentives for workers to quit smoking, lose weight or undergo preventative health screenings, among other things.  Workers who participate in such programs are usually asked by employers to provide certain confidential medical information.

Previously, the EEOC had maintained that any financial incentive rendered wellness programs involuntary.  In adopting new guidelines last year, the EEOC ruled that Continue reading


1 Comment

New Legislation: Banning the Salary Question

By Amanda W. Edge

At a job interview, a candidate is often asked: “What’s your current or most recent salary?” Usually, this question is feared.  After all, a low figure could limit the candidate’s starting pay, but a high number could make the candidate seem expensive.  Now, in a growing number of states and cities, the question is off limits, as employers face legislation that bars them from asking job candidates about their salary history or benefits.

Proponents of the new legislation argue that banning the salary question is necessary to ensure pay equity for women.  The argument is that by basing future salaries on previous wages, employers have been perpetuating the earnings divide.  In other words, because employers have historically relied heavily on salary history, the gender pay gap has Continue reading


Leave a comment

H-1B Enforcement Stepped Up

By Glen Krebs

On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced multiple measures to further deter and detect H-1B visa fraud and abuse.  On April 4, 2017 the U.S. Department of Labor (DOL) announced plans to protect U.S. workers from H1B program discrimination by providing greater transparency and oversight.  These announcements have caused companies which regularly use H-1B workers to be concerned about their workforce in coming years.

The companies mostly affected by this policy change will be outsourcing firms – companies which hire H-1B workers and then place them at the worksite of other companies.  Many of the outsourcing firms are headquartered Continue reading


Leave a comment

President Trump Proposes Significant Cuts to DOL

By Courtney Samford

President Trump released his proposed budget for fiscal year 2018 earlier this month.  The proposal, which is entitled “America First: A Budget Blueprint to Make America Great Again,” purports to “put[] the needs of its own people first” by prioritizing national security and public safety.   To account for increases in these areas, the budget acknowledges that many “Government agencies and departments will …. experience cuts …. to achieve greater efficiency and to eliminate wasteful spending[.]”

The Department of Labor (“DOL”) is no exception to President Trump’s proposed cuts.  The America First Budget requests a total of $9.6 billion for the DOL, which equates to a 21 percent decrease from fiscal year 2017.  In particular, the budget seeks to Continue reading