On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule which included a two-step raise of the federal minimum salary requirement for exempt employees under the Fair Labor Standards Act (FLSA). Beginning...more
7/5/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Regulatory Authority ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
This week the EEOC issued its final rule implementing the Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023. The PWFA requires employers with 15 or more employees to provide reasonable accommodations...more
4/18/2024
/ Civil Rights Act ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Final Rules ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII
In late 2022, President Biden signed legislation creating new protections for pregnant and nursing employees, which was addressed in a previous alert. The Pregnant Workers Fairness Act (PWFA), went into effect on June 27,...more
8/15/2023
/ Breastfeeding ,
Comment Period ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Proposed Rules ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation
For nearly 50 years, the U.S. Supreme Court's decision in Trans World Airlines, Inc. v. Hardison has been the seminal authority interpreting the requirements Title VII places on employers faced with employee requests for...more
In late 2022, President Biden signed legislation creating new protections for pregnant and nursing employees. The Pregnant Workers Fairness Act (PWFA), which goes into effect June 27, 2023, and the Providing Urgent Maternal...more
6/2/2023
/ Breastfeeding ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
Labor Reform ,
Lactation Accommodation ,
New Legislation ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Rest and Meal Break
On April 25, 2023, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs' (OFCCP) revised Voluntary Self-Identification of Disability Form (CC-305). Federal contractors and...more
The Office of Federal Contract Compliance Programs' (OFCCP) Contactor Portal is now open until June 29, 2023.
Federal contractors and subcontractors (contractors) must certify, on an annual basis, whether they are...more
4/4/2023
/ Affirmative Action ,
Certification Requirements ,
CSALs ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Contractors ,
Hiring & Firing ,
OFCCP ,
Portal ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Once again, the pendulum has swung, and this time, the National Labor Relations Board (NLRB or Board) has reversed Trump-era rulings that granted broad flexibility to employers in severance agreements. On Tuesday, the Board...more
Since December 2021, there has been a nationwide stay in the implementation of Executive Order 14042's vaccination requirement for federal contractors, which was the result of an injunction entered by a Georgia federal court....more
8/30/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Infectious Diseases ,
Injunctions ,
Stays ,
Vaccinations ,
Workplace Safety
On August 18, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued “Advancing Pay Equity Through Compensation Analysis,” a revision to Directive 2022-01, “Pay Edit Audits.” The revised Directive states...more
8/26/2022
/ Audits ,
Compensation & Benefits ,
Document Requests ,
Employer Liability Issues ,
Equal Pay ,
Federal Contractors ,
FOIA ,
OFCCP ,
Pay Equity Laws ,
Reporting Requirements ,
Wage and Hour
Effective Compliance Evaluations and Enforcement -
On March 31, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive concerning enforcement of its equal...more
4/7/2022
/ Affirmative Action ,
CSALs ,
Equal Pay ,
Federal Contractors ,
Federal Labor Laws ,
Gender-Based Pay Discrimination ,
Labor Reform ,
New Guidance ,
OFCCP ,
Pay Equity Laws ,
Policy Statement ,
Wage and Hour
On November 23, 2021, Kansas Governor Laura Kelly signed House Bill 2001, following a special session called by the Kansas legislature. This new law presents potential conflicts with federal vaccine requirements for federal...more
11/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exempt-Employees ,
Federal v State Law Application ,
Healthcare Workers ,
Infectious Diseases ,
New Legislation ,
OSHA ,
Preemption ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for...more
11/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
After much controversy and debate, the Wichita City Council passed an ordinance aimed at banning discrimination within the City of Wichita. The ordinance, passed on October 12, 2021, does not supplant applicable state and...more
On September 24, 2021, the Safer Federal Workforce Task Force issued its hotly anticipated workplace safety guidelines as required by Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors....more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Exempt-Employees ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Public Health Emergency ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden announced major actions intended to combat the spread of the COVID-19 pandemic called the Path Out of the Pandemic that will have a significant impact on employers across the country. ...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Vaccinations ,
Workplace Safety
On July 29, 2021, the Biden Administration announced that every federal government employee and onsite contractor will be asked to attest to their vaccination status. In line with this announcement, the Safer Federal...more
9/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 22, 2020, President Donald Trump issued an executive order on Combatting Race and Sex Stereotyping that the president purports is necessary to combat the “destructive ideology” that is “rooted in the pernicious...more
9/25/2020
/ Bias ,
Civil Rights Act ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
On September 8, 2020, Judge Gregory Woods in the United States District Court for the Southern District of New York struck down the majority of the U.S. Department of Labor’s (DOL) “joint-employer” rule concerning what it...more
The Office of Federal Contract Compliance Programs (OFCCP) just posted its list of companies that are scheduled for an audit of their affirmative action programs here: https://www.dol.gov/agencies/ofccp/foia/library (click on...more
EEO-1 Reports -
With September upon us, many employers are remembering the prior filing deadline for EEO-1 Reports and wondering what is happening with that obligation. The short answer is that the U.S. Equal Employment...more
9/11/2020
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
LGBTQ ,
OFCCP ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Sexual Orientation Discrimination ,
VETS 4212 ,
Wage and Hour
Since the COVID-19 pandemic started materially affecting contractors in March, the Office of Federal Contract Compliance Programs (“OFCCP”) has continued its practice of conducting audits, providing resources and assistance,...more
Colorado's legislature has been busy implementing new laws that impact Colorado employers. Employers should review their policies and practices to come into compliance, and plan for future changes to keep pace with the law....more
3/13/2020
/ Ban the Box ,
Employee Definition ,
Employer Liability Issues ,
Equal Pay ,
Labor Regulations ,
Minimum Wage ,
New Legislation ,
Over-Time ,
State and Local Government ,
State Labor Laws ,
Tip-Pooling ,
Wage and Hour ,
White-Collar Exemptions
On February 10, 2020, in National Women’s Law Center v. Office of Management and Budget, the U.S. District Court for the District of Columbia ordered the Equal Employment Opportunity Commission’s (EEOC’s) collection of gender...more
3/2/2020
/ Appeals ,
Covered Employer ,
Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Labor Reform ,
OFCCP ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
The Office of Federal Contract Compliance Programs (“OFCCP”) is seeking to codify its current procedures for analyzing statistical evidence of discrimination and communicating with contractors after finding potential...more