Groundhog Day: Second Proposed Wage and Hour Boss Stuck By Senate HELP. After the Senate voted down a cloture motion to advance the nomination of Dr. David Weil to return as U.S. DOL Wage and Hour Division (“WHD”)...more
Labor Employment Policy Highlights of 2022. This past term saw more legislation pass through congressional chambers at a more efficient clip than we have seen in quite some time. That does not mean that federal agencies were...more
1/16/2023
/ #MeToo ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Inflation Reduction Act (IRA) ,
Labor Reform ,
Non-Compete Agreements ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Regulatory Agenda ,
Sexual Harassment ,
Wage and Hour
Midterm Dust Finally Settles (For The Most Part). What do we know as of the publication of this newsletter? First, the results were not close to as red as most historians ventured, but republicans were still able to flip...more
Seyfarth Synopsis. On Thursday, August 18, the Office of Federal Contract Compliance Programs (“OFCCP”) replaced its Directive 2022-01, entitled “Pay Equity Audits” (effective March 15, 2022, the “March Directive”), with a...more
Annnnd We're Back: Legislative Update. We appreciate this audience bearing with us as this newsletter has been on a short hiatus in light of some scheduling issues. During that brief respite numerous different pieces of...more
7/19/2022
/ Arbitration ,
Competition ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
DFEH ,
EEO-1 ,
Federal Arbitration Act ,
Heat Exposure ,
Independent Contractors ,
Innovation ,
NLRB ,
OSHA ,
Paid Leave ,
Pay Equity Laws ,
Pre-Dispute Arbitration ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Stop Woke Act ,
Vaccinations ,
Viking River Cruises Inc v Moriana ,
Wage and Hour ,
Ways and Means Committee ,
West Virginia v EPA ,
Whistleblowers ,
Workplace Safety
RISE and SHINE Act. It is just a discussion draft, so need to get too excited at the prospect of more bi-partisanship (maybe this author is alone in his excitement over that potential), but recently, Chair Patty Murray and...more
DOL’s 2023 Priorities, Per Labor Secretary Marty Walsh. Additional personnel topped Labor Secretary Marty Walsh’s wish list for 2023 as he laid out next year’s proposed budget at a hearing in front of the Subcommittee on...more
Uniting for Ukraine. While, currently, there is more than enough political news to support the 24 hours news cycle, the ongoing crises in Ukraine continues to be one of the top beats. The U.S. has been in lockstep with its...more
COVID-19 Relief? It has been a nice respite not touching on COVID-19 recently in this space. But COVID-19 will likely remain an issue employers must front for the foreseeable future. To that end, on April 07, the House of...more
OSHA: From The Back Page To The Headlines. If asked in January of 2020 what exactly OSHA is and what it does within the Department of Labor, we would venture that the majority of PMN readers would not have a completely...more
President Biden Calls On Congress To Eliminate Subminimum Pay For Disabled Workers. The White House has called on Congress to eliminate a program under Section 14(c) of the Fair Labor Standards Act that allows employers to...more
Education and Labor Subcommittee Hearing on Important Employment Legislation. As we noted here, on Thursday, March 18th the Civil Rights and Human Services Subcommittee on Workforce Protections held a hearing entitled...more
The Parliamentarian Has Spoken: Minimum Wage Can’t Be Raised Through Reconciliation. At this point, readers of this newsletter are assuredly aware of the substantive contours and the procedural hurdles Joe Biden’s COVID-19...more
The NLRB Will Look, And Act, Much Differently Under A Biden Administration. Joe Biden has reiterated, again and again, that supporting organized labor will sit atop his agenda. The board is currently operating with a vacant...more
12/8/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Infectious Diseases ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRB ,
OSHA ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Safety
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: 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
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
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
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