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New Overtime Rule Published in the Federal Register

The new overtime rule, which the U.S. Department of Labor (DOL) announced on September 24, 2019, was published in the Federal Register on Friday, September 27, 2019. The DOL’s Wage and Hour Division (WHD) linked to the...more

The ABC Test is Here to Stay: California Governor Signs AB 5

On September 18, 2019, Governor Gavin Newsom signed Assembly bill (AB) 5, which codifies last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or...more

California Sexual Harassment Prevention Training Deadline Extended One Year

On August 30, 2019, California Governor Gavin Newsom signed Senate Bill (SB) 778 into law, thereby giving employers more time to comply with the state’s sexual harassment training requirement. In September 2018, former...more

The ABC Test May Soon Be Law in California: What Employers Need to Know

On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The...more

Component 2 No More After 2019? EEOC Doesn’t Request Renewal of EEO-1 Component 2

On September 11, 2019, the Equal Employment Opportunity Commission (EEOC) announced a new notice of information collection regarding the Employer Information Report (EEO-1). Through the 60-day notice, the EEOC is seeking...more

California Pay Equity Data Collection Legislation Closer to Passing

Currently, certain employers are required under federal law to file annual Employer Information Reports (EEO-1) with the Equal Employment Opportunity Commission. These EEO-1s must contain data regarding demographics of the...more

The Letters Keep Rolling In: DOL Issues 3 More FLSA and FMLA Opinions

On August 8, 2019, the U.S. Department of Labor announced that it issued three new opinion letters. The letters cover issues related to the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). ...more

OFCCP Drops Its New Compliance Assistance Guides

On August 2, 2019, the Office of Federal Contract Compliance Programs announced the release of its new compliance assistance guides. Among the new guides are...more

California’s Paid Family Leave Program to Expand from 6 to 8 Weeks

California is expanding state benefits available to workers who lose wages while taking time off to care for a seriously ill family member or to bond with a new child. On June 27, 2019, Governor Gavin Newsom signed...more

Supreme Court Rules Title VII’s Requirement to File a Charge With the EEOC Is Not Jurisdictional

On June 3, 2019, the Supreme Court of the United States ruled that the precondition in Title VII of the Civil Rights Act of 1964 requiring employees to file a charge with the Equal Employment Opportunity Commission (EEOC)...more

EEO-1 Update: EEOC Selects to Collect 2017 Pay Data

As we previously reported, U.S. District Court for the District of Columbia Judge Tanya S. Chutkan ordered the Equal Employment Opportunity Commission (EEOC) to collect two years of EEO-1 Component 2 pay data including 2018...more

EEOC Posts Notice That EEO-1 Pay Data Collection Is Back

On April 29, 2019, the Equal Employment Opportunity Commission (EEOC) published a notice that the EEO-1 pay data collection is being reinstated immediately. According to the EEOC’s website, employers covered by EEO-1...more

Breaking News: Judge Orders Employers to Report Pay Data by September 30

On April 25, 2019, U.S. District Court for the District of Columbia Judge Tanya S. Chutkan ruled that employers covered by EEO-1 reporting requirements must submit 2018 pay data for their workforces by September 30, 2019. The...more

The DOL’s New 2019 Overtime Proposal Has Arrived

On March 7, 2019, the U.S. Department of Labor (DOL) unveiled its new overtime proposal in a Notice of Proposed Rulemaking (NPRM), which would update the salary thresholds according to which workers are entitled to overtime...more

OFCCP Eases Requirements for Contracts to Provide California Wildfire Relief

On November 20, 2018, the U.S. Department of Labor (DOL) announced plans to assist those affected by the California wildfires. The DOL’s actions include relief efforts by a number of agencies. In terms of federal contractors,...more

Size Doesn’t Matter, SCOTUS Rules: ADEA Applies Even to Small Political Subdivisions

On November 6, 2018, the Supreme Court of the United States ruled that the Age Discrimination in Employment Act of 1967 (ADEA) applies to all states and political subdivisions—regardless of their size. In an opinion that...more

1 More Hour of Sleep but 4 More Wage and Hour Problems as Daylight Saving Time Ends

On Sunday, November 4, 2018, at 2:00 a.m., daylight saving time will end. This World War I–era practice of turning back the clock one hour in the fall became a federal law in the United States when President Lyndon Johnson...more

WHD Conducts Final Listening Session on Part 541 Regulations, Announces March 2019 Target Date for NPRM

On August 27, 2018, the U.S. Department of Labor (DOL) announced that it would be conducting a series of listening sessions in various cities across the United States to solicit feedback on the overtime rule. The DOL, which...more

OFCCP Proposes Changes for Contractors Using Functional Affirmative Action Programs

On September 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) announced that it has proposed changes regarding functional affirmative action programs (FAAPs). These changes would establish more relaxed...more

Hurricane Preparedness and Response for the Restaurant Industry

As residents and employers on the East Coast are aware, Hurricane Florence is expected to make landfall shortly. This type of disaster can take a toll on businesses in the affected areas, from property damage to employee...more

Is Your Company Ready for Hurricane Florence? A One-Stop Resource for Employers Dealing With Disasters

The National Hurricane Center has stated that Hurricane Florence, which is classified as a Category 4 storm, may hit the East Coast as early as Thursday, September 13. As a result, residents of North Carolina, South Carolina,...more

OFCCP on a Roll: Issues 3 More Directives Aimed at Compensation Practices, AAPs, and Contractor Recognition

Just two weeks after the Office of Federal Contract Compliance Programs (OFCCP) released two directives under Acting Director Craig Leen, the agency released three more initiatives. On August 24, 2018, OFCCP announced three...more

California Supreme Court Rejects the FLSA’s De Minimis Rule

On July 26, 2018, the Supreme Court of California ruled that the state’s wage and hour rules and regulations have not adopted the Fair Labor Standards Act’s de minimis doctrine and that the de minimis rule does not apply to a...more

Breaking OFCCP Update: There’s a New Director in Town?

The U.S. Department of Labor has confirmed that Ondray Harris will be stepping down as director of the Office of Federal Contract Compliance Programs (OFCCP) - reportedly as early as by the end of this week. Harris’s...more

What I Did on My Summer Internship: A Primer for Employers on National Intern Day

July 26, 2018, is National Intern Day according to WayUp, the job site for college students and recent graduates. The organization’s campaign to acknowledge the role of interns in the workforce is intended to “encourage[]...more

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