The Washington Report

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February 23, 2022

Note to Subscribers

Due to the current environment, information is changing at a rapid rate. While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change or be revised after our publication deadline.

Legislative

 

Senate Passes Bill Ending Forced Arbitration in Sexual Assault and Harassment Cases
On February 10, 2022, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445). The House approved the bill on February 7. The bill invalidates arbitration agreements that preclude a party from filing a lawsuit in court involving sexual assault or sexual harassment, at the election of the party alleging such conduct. The legislation awaits the President’s signature for enactment.

The full text of H.R. 4445 is available here.

Other HR/Employment

 

DOL Announces Warehouse and Logistics Worker Initiative
On February 8, 2022, the Department of Labor (DOL) announced its Warehouse and Logistics Worker Initiative. The DOL stated that “The increased demand and the constraints on the global supply chain have combined to place enormous strain on the nation’s warehouse and logistics industries, and has prompted the U.S. Department of Labor to take heightened action to ensure that warehouse and logistics workers’ wages and workplace rights are protected.” The DOL’s new initiative addresses that employees in these industries, including delivery drivers, truck drivers, and others are:

• Paid all their legally earned wages, including minimum and overtime.
• Safe from workplace harassment and retaliation when they claim their rights.
• Not prevented from taking time off from work under the Family and Medical Leave Act.

The initiative will also target misclassification of employees as independent contractors.

The news release is available here.

The Warehouse and Logistics Worker Initiative Fact Sheet is available here.

Aon Publications

 

Report to Congress Highlights Health Plan Violations of Mental Health Parity Law
In January 2022, the Departments of Labor, Treasury, and Health and Human Services (the Departments) submitted a report to Congress (2022 MHPAEA Report to Congress) on their activities related to the Mental Health Parity and Addiction Equity Act (MHPAEA). The report focused on the Departments’ MHPAEA enforcement activities and included details regarding group health plan violations of MHPAEA.

This Aon bulletin discusses:

• Background
• The Department of Labor’s Findings on NQTLs and Violations
• Analysis
• What Employers Should Do

The Aon bulletin is available here.