Nebraska SHRM – Legislative Director Update April 6th, 2017

The Unicameral is on recess until Monday, April 10th.  When they return there will be 28 legislative days remaining in the 90-day session.

April 6, 2017 Update

Federal Updates:

  • The Senate confirmed Judge Neil Gorsuch to the U.S. Supreme Court on April 7th.  The vote this morning followed the triggering of the “nuclear option” of the Senate rule change to break a Democratic filibuster.  Judge Gorsuch will create a 5-4 majority on the court for Republican appointees and put an end to the 4-4 deadlocks that was created since Justice Scalia’s passing.
  • The U.S. Court of Appeals for the Seventh Circuit ruled this week that “discrimination on the basis of sexual orientation is a form of sex discrimination” and unlawful under Title VII of the Civil Rights Act of 1964.  You can read more here:
  • The Senate voted to repeal a Labor Department rule that allows OSHA to sanction employers for “fialing to make and maintain injury and illness records” beyond the six month statute of limitations set out in the Occupational Safety and Health Act.  You can read more here:
  • Federal contractors will not be required to report alleged labor violations to federal agencies as part of the bid process or implement measures to foster pay transparency.  Presidnet Donald Trump signed into law H.J. Resolution 37, which “disapproves” the Federal Acquisition Regulatory Council regulations implementing the Executive Order on March 27, 2017.  To seal the deal, Trump also signed his own Executive Order revoking the Obama-era Order, known as the “Blacklisting” Executive Order.  Trump’s order directs the Department of Labor and other executive agencies to “consider promptly rescinding any orders, rules, regulations, guidance, guidelines, or policies implementing or enforcing the revoked Executive Orders.  You can read more here:
  • There is a bill in Congress to provide comp time versus overtime pay.  The Working Families Flexibility Act introduced by Representative Martha Roby (R-Ala.) would amend the Fair Labor Standards Act to allow employers to offer compensatory time off instead of overtime wages for all hours worked in excess of 40 per week.  (currently Comp time is only permitted for public employers)