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
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
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
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
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
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
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
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
On July 9, 2018, President Trump announced his nominee to be the next justice of the Supreme Court of the United States, replacing Justice Anthony M. Kennedy, who, on the last day of the October 2017 term, announced that he...more
On June 27, 2018, the Supreme Court of the United States announced its decision in a case that tested the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by non-member public sector...more
6/27/2018
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Opt-Outs ,
Public Employees ,
Public Sector Unions ,
SCOTUS ,
Unions
On June 4, 2018, the Supreme Court of the United States settled a controversy stemming from a bakery’s refusal to make a cake for a same-sex couple’s wedding reception. Justice Kennedy, writing for the majority, ruled that...more
6/5/2018
/ Anti-Discrimination Policies ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
LGBTQ ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Private Sector ,
Religious Discrimination ,
Reversal ,
Same-Sex Marriage ,
SCOTUS
According to a May 18, 2018, press release, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has extended its moratorium on enforcing the affirmative action obligations of TRICARE...more
Among the many provisions of the $1.3 trillion omnibus spending bill that Congress passed in March of 2018—buried on page 1,967—is an exemption for minor league baseball players from federal minimum wage protections. The Save...more
In a landmark decision, the Supreme Court of California adopted a new test to determine whether a worker performing services for a company is an employee or an independent contractor under California’s wage orders. The new...more
5/8/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour
In its April 2, 2018, decision in Encino Motorcars, LLC v. Navarro, the Supreme Court of the United States issued its second opinion in this case and definitively ruled that automobile service advisors are exempt from...more
4/3/2018
/ Car Dealerships ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
In a move toward greater transparency, the Office of Federal Contract Compliance Programs (OFCCP) recently issued Directive 2018-01 affecting the use of predetermination notices (PDNs) in discrimination cases. OFCCP uses PDN...more
On February 21, 2018, the Supreme Court of the United States ruled that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who has not...more
Your annual holiday party presents an opportunity for employees and management to cut loose and celebrate their accomplishments in the past year. It also presents an opportunity to make some bad decisions - which,...more
According to an update on the website of the Office of Federal Contract Compliance Programs (OFCCP), there has been a shift in some “key personnel.” According to the changes, Ondray T. Harris will be the new OFCCP director....more
On October 5, 2017, Governor Brown signed Assembly bill (AB) 450, which will prohibit employers, under some circumstances, from providing consent to immigration agents to enter certain areas of the workplace. The law will go...more
On October 12, 2017, Governor Jerry Brown signed the New Parent Leave Act into law, extending unpaid leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement to employees of...more
The U.S. Department of Labor (DOL) recently announced that federal contractors will not be cited for filing their VETS-4212 reports late—as long as they are filed by November 15, 2017. The DOL has made the change in another...more
On August 31, 2017, the U.S. Department of Labor (DOL) announced that the agency will support Hurricane Harvey and Irma relief efforts in a number of ways, including by relaxing federal contractors’ requirements on a...more
On August 29, 2017, Equal Employment Opportunity Commission (EEOC) Acting Chair Victoria A. Lipnic announced that the administrator of the Office of Information and Regulatory Affairs (OIRA) had sent her a memo indicating...more
Secretary of Labor Alexander Acosta recently announced his appointment for the new interim Assistant Secretary of Labor for the Mine Safety and Health Administration (MSHA). Wayne D. Palmer, who was formerly chief of staff to...more