Judge Jackson Sworn In, EEOC President’s Term Ends

NLRB GC provides an update on recent solutions. Remember in September 2021 when the buzz Reported on National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo’s memorandum directing regional directors to “request the full panoply of available remedies from the Board” in unfair labor practice cases? Well, late last week, Advocate General Abruzzo posted an update on the matter, writing in a note that “[r]The regions have done an excellent job in implementing the settlement approach. The last note further notes that “[r]The regions obtained compensation for the derived economic harm, including the reimbursement of late car loan payment fees and late rent, the payment of monthly interest on the loan that a discriminated person took out to cover the costs of subsistence, the cost of formula milk due to the loss of a breast at work pumping station, and the cost of upgrading a discriminated person’s car to make it usable in a new job. The memo touts other examples of recent settlement terms, including “[l]apology letters to reinstated employees” and “[p]authorize the union’s use of the employer’s bulletin boards. »

Former EEOC President’s term ends. July 1, 2022 marks the expiration of Republican Commissioner Janet Dhillon’s term on the U.S. Equal Employment Opportunity Commission (EEOC). (Provisions of Title VII of the Civil Rights Act of 1964 allow Dhillon to continue serving until his successor is appointed or the current U.S. Congress adjourns.) Commissioner Dhillon chaired the Commission of 15 May 2019 to January 20, 2021 Among her accomplishments as Chair, Dhillon led the Commission in issuing important guidance at various times during the COVID-19 pandemic, issued the Commission’s first rule establishing transparent guidelines during the process Conciliation (this was later overturned by Congress) and returned much of the EEOC’s litigation authority to the commissioners themselves.

OSHA: Take out the lead. On June 28, 2022, the Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking (ANPRM) to revise its workplace lead exposure standards. According to the announcement, OSHA is “seeking public input on amending OSHA’s current lead standards for general industry and construction to reduce triggers for medical distancing protection and medical surveillance and to more effectively prevent harmful effects on the health of workers exposed to lead”. The advisory also seeks comments on the permissible exposure limit as well as “[a]accessory provisions for personal protective equipment, housekeeping, hygiene and training. Comments are due no later than August 29, 2022.

The MA workplace safety plan is on the way. On June 30, 2022, OSHA released a proposal to approve the Massachusetts Department of Labor Standards (DLS) submission of a state plan for occupational safety and health. According to OSHA, the DLS has “provided assurances that it will adopt such standards, policy changes, or requirements that are at least as effective as Federal OSHA’s within six months of Federal promulgation (30 days for any emergency temporary standard).” Comments are expected by August 1, 2022.

Advance on the fee schedule offered by USCIS. This week, a proposed fee adjustment for certain applications for immigration benefits came one step closer to being made public. On June 27, the Office of Information and Regulatory Affairs received the draft amended fee schedule proposal from United States Citizenship and Immigration Services (USCIS). The most recent attempt to change the fee schedule was blocked by a federal court in 2020. The upcoming proposal “would override and replace the changes made by the August 3, 2020 rule and establish new USCIS fees to recover the costs of operation of the USCIS”.

Jackson joins as Breyer retires. On June 30, 2022, Associate Justice Stephen Breyer officially retired from active duty on the United States Supreme Court. In a letter to President Biden, Breyer wrote, “It has been a great honor for me to participate as a judge in the effort to uphold our Constitution and the rule of law.” At noon the same day, immediately after Breyer’s retirement took effect, Justice Kentanji Brown Jackson was sworn in (by Chief Justice John Roberts and Associate Justice Breyer) as the Court’s 104th Associate Justice supreme.

Seal of approval. Today marks the 175th anniversary of the issuance of the first postage stamps by the United States Postal Service. The process began with the enactment of the Post Office Act of March 3, 1847, which authorized the U.S. Postmaster General “to prepare postage stamps which, when attached to a letter or packet, shall be proof of payment of the postage due on these letters.” (Before the Post Office Act, payment was due on delivery). Several months later, on July 1, 1847, under the direction of Postmaster General Cave Johnson, two stamps are issued: a five-cent stamp honoring Benjamin Franklin (who was the first postmaster general of the United States) and a ten-cent stamp honoring George Washington.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, PC, All rights reserved.National Law Review, Volume XII, Number 182

Elna M. Lemons