Although most state legislatures have adjourned for 2019 or are in recess, those still in active session finalized several new employment laws in July. California advanced a bill that would codify a judicially established...more
8/5/2019
/ #MeToo ,
Anti-Discrimination Policies ,
Employer Liability Issues ,
Independent Contractors ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
Paid Time Off (PTO) ,
Pay Equity Laws ,
Pay Gap ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
On July 18, 2019, voting largely along party lines, the U.S. House of Representatives passed legislation that would increase the federal minimum wage from the current $7.25 an hour to $15.00 an hour by 2025. ...more
The federal government’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions (regulatory agenda), which provides insight into federal agencies’ priorities for the near and long term, was released on May 22,...more
5/28/2019
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
GINA ,
H-1B ,
Joint Employers ,
Labor Regulations ,
NLRB ,
OFCCP ,
OSHA ,
Rate of Pay ,
Regulatory Agenda ,
Request For Information ,
Rulemaking Process ,
Tips ,
TRICARE ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Equal Employment Opportunity Commission (EEOC) will require covered employers to file EEO-1 compensation data for both calendar years 2017 and 2018 by September 30, 2019, the agency indicated in a notice sent on May...more
On April 25, 2019, the U.S. District Court for the District of Columbia ordered the U.S. Equal Employment Opportunity Commission (EEOC) to collect detailed data on employee compensation and hours worked from covered employers...more
4/26/2019
/ Civil Rights Act ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Title VII ,
Wage and Hour
In legislative terms, the month of March came in like a lion and went out (almost) like a lamb, as the pace of new bills introduced at the state level slowed considerably. Roughly 300 new labor and employment-related bills...more
4/5/2019
/ Criminal Background Checks ,
Drug Testing ,
Employment Discrimination ,
Equal Pay ,
Labor Relations ,
Legislative Agendas ,
Non-Compete Agreements ,
Popular ,
Proposed Legislation ,
Sexual Harassment ,
Wage and Hour
In an April 3, 2019 filing in the federal district court that had ordered reinstatement of EEO-1 pay data reporting requirements, the Equal Employment Opportunity Commission (EEOC) explained its inability to comply with the...more
4/4/2019
/ Corporate Counsel ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
On March 4, 2019, the U.S. District Court for the District of Columbia surprised the employer community by vacating the White House Office of Management and Budget's (OMB) stay of the revised EEO-1 form’s pay data reporting...more
3/6/2019
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
Nearly all states legislatures are now in session, and the surge of new bills indicates lawmakers are not holding back. Over 1,000 state-level labor and employment-related bills have already been introduced since January 1,...more
2/5/2019
/ Criminal Background Checks ,
Legislative Agendas ,
Minimum Wage ,
Non-Disclosure Agreement ,
Proposed Legislation ,
Salary/Wage History ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it will extend the deadline for filing 2018 EEO-1 reports from March 31, 2019 to May 31, 2019. ...more
2/4/2019
/ Data Collection ,
EEO-1 ,
Electronic Filing ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Filing Deadlines ,
Filing Requirements ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does...more
1/30/2019
/ Consent Decrees ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Regulatory Agenda ,
Settlement Negotiations ,
Subpoenas ,
Wage and Hour
While the partial federal government shutdown has kept Congress at an impasse, it should be business as usual at the state and local levels in January. At least 46 states and the District of Columbia will be in session by the...more
1/2/2019
/ Background Checks ,
Employee Benefits ,
Employment Discrimination ,
Government Shutdown ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Legislative Agendas ,
Local Ordinance ,
New Legislation ,
Proposed Legislation ,
Safe Leave ,
Sexual Harassment ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more
1/2/2019
/ Appeals ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
The November mid-term elections resulted in some significant power shifts at the state level. Six states (Colorado, Illinois, Maine, Nevada, New Mexico, and New York) that had been politically divided now enjoy a Democratic...more
12/3/2018
/ Ballot Measures ,
Discrimination ,
Gender Identity ,
General Elections ,
Independent Contractors ,
Legislative Agendas ,
Local Ordinance ,
Marijuana ,
Minimum Wage ,
Reasonable Accommodation ,
Right to Work ,
Salary/Wage History ,
Sick Leave ,
State and Local Government ,
State Elections ,
State Labor Laws ,
Wage and Hour
As 2018 draws to a close, employers are looking to the next wave of labor and employment laws and regulations that will take effect in 2019 and beyond. On January 1, and throughout the coming year, employers across the nation...more
Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda")....more
10/18/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
Deregulation ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
GINA ,
H-1B ,
Joint Employers ,
NLRB ,
OSHA ,
Regulatory Agenda ,
TRICARE ,
USCIS ,
Wage and Hour ,
Workplace Injury
The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). ...more
9/14/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Public Comment ,
Regulatory Reform ,
Right to Control ,
Staffing Agencies ,
Unions ,
Wage and Hour
Last week, flanked by lawmakers at a Capitol Hill press conference, AFL-CIO President Richard Trumka highlighted a report laying out an ambitious workforce policy agenda. ...more
9/10/2018
/ AFL-CIO ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Governance ,
Joint Employers ,
Non-Compete Agreements ,
Paid Leave ,
Paid Time Off (PTO) ,
Sick Leave ,
Unions ,
Wage and Hour ,
Work Schedules
Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more
9/4/2018
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Association Health Plans ,
Ban the Box ,
Compensation & Benefits ,
Criminal Background Checks ,
DACA ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Gig Economy ,
H-1B ,
Health Insurance ,
Immigrants ,
Independent Contractors ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Pay Equity Laws ,
Persuader Rules ,
Sexual Harassment ,
Sharing Economy ,
Unemployment ,
Wage and Hour