Sarah Andrews Herman

Sarah Andrews Herman

Dorsey & Whitney LLP

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Latest Publications


EEOC Updates Its National Origin Discrimination Guidance

On November 18, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued Enforcement Guidance on National Origin Discrimination, replacing the 2002 Compliance Manual section on the same topic. The new guidance...more

11/29/2016 - Corporate Counsel EEOC Enforcement Guidance National Origin Discrimination

EEOC Releases Final Reporting Form for Compensation Data

The Equal Employment Opportunity Commission (“EEOC”) has finalized a reporting form that requires certain employers to report summary compensation data categorized by gender, race, and ethnicity. Beginning on March 31, 2018,...more

10/6/2016 - Data Collection EEO-1 EEOC Reporting Requirements

It’s Final: The DOL Issues Final Rule Providing Paid Sick Leave For Employees of Federal Contractors

Federal contractors must provide their employees up to seven days of paid sick leave each year under a final rule published September 30, 2016, by the U.S. Department of Labor (“DOL”). The DOL estimates that the final rule...more

10/3/2016 - DOL Executive Orders Federal Contractors Final Rules Paid Leave Sick Leave

EEOC Revises Plan Aimed to Identify Unequal Pay

The U.S. Equal Employment Opportunity Commission (“EEOC”) has released a new proposal that, if adopted, would require larger employers and federal contractors to report payroll data for all workers to the federal government...more

8/2/2016 - EEO-1 Federal Contractors Pay Discrimination Payroll Records Reporting Requirements

DOL Issues Updated Contractors’ Guidance Regarding Sex Discrimination

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued a long-awaited update to the rules that prohibit sex discrimination by federal contractors. The changes take effect on August...more

6/16/2016 - DOL Federal Contractors Final Rules Gender Identity OFCCP Sex Discrimination Sexual Harassment Transgender

Quirky Question #278: DOL Doubles the FLSA Salary Basis Threshold

Question: Where can I find more information about the DOL’s doubling of the FLSA salary basis threshold? Did they make other changes? As an employer, what does this mean for me? And how long do I have to prepare?...more

5/19/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Timekeeping Wage and Hour White-Collar Exemptions

EEOC Proposal Seeks to Expand Pay Discrimination Enforcement by Requiring More Data from Employers

Under new rules proposed by the U.S. Equal Employment Opportunity Commission (“EEOC”), companies with 100 employees or more would be required to report payroll data on all workers to the federal government along with the...more

2/4/2016 - EEO-1 EEOC Federal Contractors OFCCP Pay Discrimination Payroll Records Reporting Requirements Wage and Hour

NLRB Published Report Concerning Employee Handbook Rules and Policies

On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more

4/3/2015 - Employee Handbooks Employment Policies NLRA NLRB Protected Concerted Activity Section 7

NLRB Report Concludes that Many Common Handbook Policies Violate NLRA

When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more

4/1/2015 - Employee Handbooks Employment Policies NLRA NLRB Section 7

Supreme Court Sides with DOL and Overturns Longstanding DC Circuit Ruling Under Administrative Procedure Act

Perez v. Mortgage Bankers Assn., No. 13 1041: On Monday, March 9, 2015, the Court ruled that a longstanding decision from the DC Circuit under the Administrative Procedure Act (“APA”) was incorrectly decided in contravention...more

3/16/2015 - Administrative Procedure Act DOL Exempt-Employees FLSA Mortgage Servicers Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Statutory Interpretation Wage and Hour

Quirky Question #252, OFCCP Guidelines Become Regulations?

Question: Have there been any recent changes in the rules governing federal contractors? Answer: On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of...more

2/5/2015 - Discrimination Employer Liability Issues Employer Mandates Federal Contractors NPRM OFCCP Sex Discrimination

OFCCP Proposes Updates to “Outdated and Inaccurate” Sex Discrimination Rules

On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking (NPRM) that would rescind the existing Sex Discrimination Guidelines found at 41 C.F.R. part 60-20 and...more

2/3/2015 - Employer Liability Issues Employer Mandates Federal Contractors NPRM OFCCP Proposed Amendments Sex Discrimination

Employers: Take Precautions Now to Prepare for the Potential Ebola Threat

As a general business practice, employers should routinely anticipate and prepare for emergencies to ensure minimal interruption to their business. While West Africa is experiencing the largest Ebola epidemic in history,...more

10/29/2014 - Best Management Practices CDC Ebola Employer Liability Issues Employment Policies Workplace Safety

National Pay Equity Day Marked by Presidential Action Targeting Equal Pay for Women

Today marks National Equal Pay Day, the day that symbolizes how far into 2014 women must work to earn what men earned in 2013. This year’s National Equal Pay Day comes with the announcement of two actions by the White House...more

4/8/2014 - Equal Pay Gender-Based Pay Discrimination Pay Equality Notices

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