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EEOC Proposes To Add Pay Level Information To Required EEO-1 Reports
The Obama Administration has recently focused on eliminating pay discrimination by mandating increasing employee pay level disclosure. Building on this emphasis, the Equal Employment Opportunity Commission (EEOC), in conjunction with the Office of Federal Contract Compliance Programs (OFCCP), has proposed...
OFCCP Regulations Prohibiting Pay Secrecy Policies & Required Posting Effective Now
Executive Order 13665 & Pay Transparency Regulations Effective Now Following the NLRB’s lead on employee rights regarding discussion of confidential wage issues, Executive Order 13665 and the Office of Contract Compliance Program’s ("OFCCP’s") implementing pay transparency regulations became effective January...
U.S. Department of Justice Expands Worker Endangerment Initiative
On December 17, 2015, Deputy Attorney General Sally Yates issued a memorandum to all 93 U.S. Attorneys urging federal prosecutors to work with the Department of Justice Environment and Natural Resource Division (ENRD) to pursue worker-endangerment violations. The announcement culminated...
Immigration Issues Included in the Omnibus Appropriation Bill
Congress has agreed on the omnibus appropriations bill, which will provide discretionary funding for the government through the end of the fiscal year, September 30, 2016. The bill includes a number of immigration-related issues which were highly debated in the...
Fifth Circuit Rules Employer-Mandated Transit Time May Make Lunch Break Compensable
The Fifth Circuit Court of Appeals, which has jurisdiction over Texas, Louisiana and Mississippi, ruled Monday that security guards’ “off-the-clock” meal periods may be compensable when they were required to travel for 10 to 12 minutes from their work stations...
Department of Labor Releases Proposed Rule to Update White Collar Exemptions to the FLSA's Overtime Requirement
On June 30, 2015, the Department of Labor (DOL) released a Proposed Rule to update the regulations governing overtime requirements for executive, administrative, and professional employees (white collar employees). Under the Proposed Rule, the required salary level for white collar...
Employment Authorization For Certain H-4 Dependent Spouses
Effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. Eligible individuals include certain H-4 dependent spouses...
NLRB Broadly Expands Employee Rights to Use Company Email for Union Organizing and Other Protected Activity
To listen to the podcast, please click here . The National Labor Relations Board (NLRB) has found that employees have the right, during “nonworking time,” to use company email systems for union organizing and other activity protected under the National...
Presidential Memorandum: Streamlining the U.S. Immigrant Visa System
The immigration executive actions announced by the President on November 20, 2014 are expected to be implemented in the next several months, and some initiatives may take longer. The new programs will be funded through application fees rather than appropriated...
OSHA Broadly Expands Injury Reporting Requirement
To listen to the podcast, please click here . Under a new rule issued by OSHA last week, employers will be required to report to the agency any workplace incident resulting in the in-patient hospitalization of even one employee. This...
Too Late, Even If Not Too Little: Joining a National Trend, New Jersey Puts the Brakes on Driver’s Claims as Untimely based on Employment Application
When does two years become six months? When a signed employment application says it does. 1 Last month, New Jersey recognized the express lane permitting employers and employees to set their own limitations periods, even if shorter than statutory limits...
President Obama Issues Executive Order Prohibiting Federal Contractors From Discriminating Based on Sexual Orientation or Gender Identity
On July 21, 2014, President Barack Obama issued an Executive Order prohibiting federal contractors from discriminating in employment decisions based on applicants’ or employees’ sexual orientation or gender identity. This Executive Order amends long-standing obligations for federal contractors in Executive...
California Supreme Court "Green Lights" Class Action Waivers in Arbitration Agreements
To listen to the podcast, please click here . Yesterday, the California Supreme Court in Iskanian v. CLS Transportation , a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the...
Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns
To listen to the podcast, please click here . Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000 current...
Obama Directs Initiative to Update FLSA Overtime Regulations Likely to Tighten White-Collar Classifications
President Barack Obama on Thursday signed a Presidential Memorandum directing the Secretary of Labor to update the Fair Labor Standards Act (FLSA) regulations governing which "white collar" employees qualify for overtime exemptions. The stated goal of the initiative is to...