PAHRA Legislative Highlights
The Ban the Box Act (HR 6220) would prohibit an employer from inquiring whether an applicant for employment has been convicted of a criminal offense, except in certain circumstances. Such questions can be asked if either of the following conditions apply: 1. A conditional offer of employment has been extended, or 2. Where the granting of employment may involve an unreasonable risk to the safety of specific individuals or to the general public. This bill was introduced on July 26, 2012 but was not enacted.
The Give Workplace Gender Violence Victims their Day in Court Act of 2012 (HR 6198) would protect the civil rights of victims of gender-motivated violence and to promote public safety, health, and regulate activities affecting interstate commerce by creating employer liability for negligent conduct that results in an individual's committing a gender-motivated crime of violence against another individual on premises controlled by the employer.
Senate Passes Bill Extending E-Verify Through 2015
On August 2, 2012, the Senate approved by unanimous consent a bill (S. 3245) that would reauthorize E-Verify, as well as three other immigration-related programs (the EB–5 Regional Center program, the Special Immigrant Non-minister Religious Worker program, and the Conrad State 30 J–1 visa waiver program), for three years. All four immigration programs are scheduled to expire on September 30, 2012. The Senate-passed bill would set a new expiration date of September 30, 2015. (SHRM)
House Passes Bill Limiting Rulemaking; Senate Passage Unlikely
On July 26, 2012, the House passed with a 245-172 vote the Red Tape Reduction and Small Business Job Creation Act (H.R. 4078). Among other provisions, the bill would not allow federal agencies to take any significant regulatory action until the unemployment rate is equal to or less than 6%. Additionally, the bill also would prohibit presidents from issuing midnight regulations in the final months of their administrations. The bill is not expected to advance in the Senate. (SHRM)
Overtime Exemption Proposed for Insurance Claims Adjusters After Disasters Proposed
HR 6346 would amend the Fair Labor Standards Act (FLSA) to provide a specific limited exemption from the overtime requirements for work related to insurance adjustments after a disaster.