Stimulus, Vaccines, and Corona. OH MY!
First, The Stimulus. The status of additional stimulus remains where it has been as we have been tracking it for months, ever since the House passed the HEROES Act: nowhere. While the...more
11/23/2020
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Executive Orders ,
Financial Stimulus ,
Gig Economy ,
H-1B ,
Immigration Reform ,
Independent Contractors ,
Infections ,
Infectious Diseases ,
Labor Reform ,
Lyft ,
Moderna Inc. ,
Pfizer ,
Public Charge ,
Re-Opening Guidelines ,
Secretary of Labor ,
Title III ,
Trump Administration ,
Uber ,
Vaccinations
This special post-election report is brought to you by Seyfarth's Policy Matters Newsletter. With so much at stake, we have collected the top-of-mind issues to watch as the election results take shape. ...more
11/6/2020
/ Affordable Care Act ,
Biden Administration ,
Coronavirus/COVID-19 ,
DACA ,
Donald Trump ,
Federal Employment Agencies ,
General Elections ,
Immigration Reform ,
Infectious Diseases ,
Joe Biden ,
Members of Congress ,
Policy Drafting ,
Political Campaigns ,
Popular ,
Presidential Elections ,
Vaccinations
Seyfarth Synopsis: On May 2, 2019, the Federal Register included an unpublished version of the EEOC’s announcement that it will collect 2017 and 2018 Component 2 data from employers as part of the Revised EEO-1 collection...more
Seyfarth Synopsis: Today, the District Court for the District of Columbia issued its ruling regarding the timeframe for collecting pay and hours data in connection with the Revised EEO-1 Report. Ruling from the bench, the...more
Seyfarth Synopsis: Pursuant to ongoing litigation, the EEOC was required to submit a proposed timeline for the collection of pay and hours data in connection with the Revised EEO-1. ...more
4/11/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
Seyfarth Synopsis: After closing FY2018 by issuing a string of directives which changed various aspects of its compliance enforcement process, the Office of Federal Contract Compliance Programs (“OFCCP”) issued three new...more
Seyfarth Synopsis: On the heels of its recent slate of directives, the Office of Federal Contract Compliance Programs (“OFCCP”) has issued a new group of directives which continue to signal changes for the contractor...more
Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) is closing the summer by issuing two new enforcement directives....more
8/16/2018
/ Affirmative Action ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
First Amendment ,
Free Exercise Clause ,
Non-Discrimination Rules ,
OFCCP ,
Regulatory Requirements ,
Rehabilitation Act ,
Religious Discrimination ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Seyfarth Synopsis: In update to our alert yesterday, Acting Chair Victoria Lipnic released a statement regarding the Office of Information and Regulatory Affairs’ (“OIRA”), decision to stay the implementation of the pay data...more
8/31/2017
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OIRA ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: Yesterday, the Office of Information and Regulatory Affairs (“OIRA”), a division of the Office of Management and Budget (“OMB”), announced that it has suspended “Component 2” of the revised EEO-1 Report. ...more
On Tuesday, August 22, the US District Court for the District of Columbia ordered the EEOC to revisit its controversial rules placing certain limits on employer-sponsored wellness programs under the Americans with...more
8/30/2017
/ AARP ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Discrimination ,
Employee Benefits ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Genetic Discrimination ,
GINA ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Discrimination Rules ,
Wellness Programs
Seyfarth Synopsis: Last Friday, an administrative law judge limited the amount of information that the OFCCP may seek from Google in its on-going compliance audit because the agency failed demonstrate relevance or justify the...more
7/24/2017
/ Administrative Law Judge (ALJ) ,
Affirmative Action ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Google ,
OFCCP ,
Pay Gap ,
Popular ,
Request For Information ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: On May 23, 2017, the White House released its proposed budget for the 2018 Fiscal Year. Included in the proposal, which would impose deep cuts to many programs administered by the Department of Labor, was...more
Seyfarth Synopsis: Yesterday, President Trump issued an Executive Order revoking President Obama’s “Blacklisting” Executive Orders pertaining to the government contracting community. The President also signed the joint...more
Seyfarth Synopsis: By a vote of 49-48 last evening by the U.S. Senate, both Houses of Congress have now moved to rescind the regulations issued pursuant to President Obama’s Executive Order 13678, entitled Fair Pay and Safe...more
The President announced that Alex Acosta, currently Dean of the Florida International School of Law will be the next nominee for Secretary of Labor following the withdrawal of Andrew Puzder. Acosta is a native of Miami,...more
On February 2, 2017, by a vote of 236 to 187, the U.S. House of Representatives approved a joint resolution of disapproval to block the Final Rule implementing President Obama’s Executive Order 13673, “Fair Pay and Safe...more
2/10/2017
/ Barack Obama ,
Blacklist ,
Competitive Bidding ,
Congressional Review Act ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Federal Procurement Systems ,
Labor Law Violations ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Pre-Dispute Arbitration ,
Preliminary Injunctions ,
Regulatory Burden ,
Transparency ,
Wage and Hour
The last #1 hit the Beatles recorded in 1970 was The Long and Winding Road, written by Paul McCartney. The song has been described as a metaphor for the journey the Beatles took from the clubs of Liverpool to the roof at...more
Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of...more
11/3/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Arbitrary and Capricious ,
Blacklist ,
Constitutional Challenges ,
Davis-Bacon Act ,
Disclosure Requirements ,
EEO ,
Executive Orders ,
Executive Powers ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Free Speech ,
Labor Law Violations ,
NLRA ,
OSHA ,
Pay Transparency ,
Pre-Dispute Arbitration ,
Preliminary Injunctions ,
Reporting Requirements ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some - but not all - aspects of...more
10/27/2016
/ Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Executive Powers ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Labor Law Violations ,
Pay Transparency ,
Preliminary Injunctions ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more
8/30/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Blacklist ,
Civil Rights Act ,
Collective Bargaining ,
Davis-Bacon Act ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Contractors ,
Labor Law Violations ,
Mandatory Arbitration Clauses ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Migrant Workers ,
Minimum Wage ,
NLRA ,
OSHA ,
Pay Transparency ,
Recordkeeping Requirements ,
Rehabilitation Act ,
Seasonal Workers ,
Service Contract Act ,
Sexual Harassment ,
Subcontractors ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour ,
Workplace Safety
If there was any doubt that pay equity is major risk area for employers, that doubt should now be erased. This morning, on the seventh anniversary of the signing of the Lilly Ledbetter Fair Pay Act, the EEOC made a startling...more
Today, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking addressing wellness program incentives under the Genetic Information Nondiscrimination Act (“GINA Proposed Rule”) in the...more
Last summer, President Obama signed an Executive Order entitled “Fair Pay and Safe Workplaces” requiring prospective federal contractors to disclose “any administrative merits decision, arbitral award or decision, or civil...more
5/27/2015
/ Administrative Merits Determinations ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
NLRB ,
OFCCP ,
OSHA ,
Subcontractors ,
Transparency