The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued a long-awaited update to the rules that prohibit sex discrimination by federal contractors. The changes take effect on August...more
Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more
5/25/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Discipline ,
Facebook ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Section 7 ,
Social Media ,
Social Media Policy ,
Twitter
Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more
3/28/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Facebook ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Social Media ,
Twitter ,
Wages ,
Working Conditions
Utah employers should update their form noncompete agreements to ensure they comply with the state’s new Post-Employment Restrictions Act. Employers of all sizes are subject to the Act, which was adopted by the Utah...more
At the end of last year, the Department of Homeland Security proposed amendments (published 12/31/2015) to its regulations pertaining to employment-based immigrant (permanent) and nonimmigrant (temporary) visa programs, and...more
Under new rules proposed by the U.S. Equal Employment Opportunity Commission (“EEOC”), companies with 100 employees or more would be required to report payroll data on all workers to the federal government along with the...more
On January 21, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a draft guidance entitled, “PROPOSED Enforcement Guidance on Retaliation and Related Issues.” The public has 30 days to provide feedback....more
Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload. Over the years, a number of my customers and my employees have “friended” me on Facebook. Last week, I saw that one of...more
Question: Over the summer, we heard a lot about new guidance on pregnancy discrimination. What do we need to know to ensure we are complying with local, state, and federal laws on pregnancy discrimination?...more
9/15/2015
/ Best Practices ,
Disparate Treatment ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
McDonnell Douglas Formula ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
SCOTUS ,
Small Business ,
Young v United Parcel Service
Companies that do work for the federal government must give their employees up to seven days of paid sick leave per year under new rules announced Monday by President Obama. The move is the latest in a series by the Obama...more
A recent ruling of the National Labor Relations Board (“NLRB” or the “Board”) dramatically expands the circumstances in which the Board will hold companies responsible for the labor practices of their staffing agencies,...more
9/3/2015
/ Best Management Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisee ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Subcontractors ,
Temporary Employees ,
Unions
Pregnancy discrimination continues to evolve following the Supreme Court’s 2015 decision in Young v. UPS. As anticipated, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated guidance, Q&A resource,...more
Question:
I work in my company’s HR department and we just had an employee ask for additional time off, even though we’ve already given the employee a bunch of time off we are required to under the FMLA. I wanted to...more
In December 2014, we highlighted the challenges that employers have been facing in ensuring that their wellness programs are not in violation of the Americans with Disabilities Act (ADA), the Genetic Information...more
5/1/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
NPRM ,
Popular ,
Title VII ,
Wellness Programs
On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more
When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more
The Supreme Court of the United States recently issued its decision in Young v. United Parcel Service, Inc.. Vacating and remanding the Fourth Circuit’s decision, the Court concluded that the Pregnancy Discrimination Act...more
Perez v. Mortgage Bankers Assn., No. 13 1041: On Monday, March 9, 2015, the Court ruled that a longstanding decision from the DC Circuit under the Administrative Procedure Act (“APA”) was incorrectly decided in contravention...more
Question:
Have there been any recent changes in the rules governing federal contractors?
Answer:
On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of...more
On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking (NPRM) that would rescind the existing Sex Discrimination Guidelines found at 41 C.F.R. part 60-20 and...more