Employment Law This Week®: EEOC Pay Data Collection Requirement, DOL Overtime Rule, Parental Leave Policies, NYS Paid Family Leave Program

by Epstein Becker & Green
Contact
We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work.

This week’s stories include ...

(1) OMB Suspends EEOC Pay Data Collection See more +

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work.

This week’s stories include ...

(1) OMB Suspends EEOC Pay Data Collection Requirement

Our top story: New pay data collection requirements are put on hold. A division of the Office of Management and Budget (OMB) has issued an immediate stay on new EEO-1 reporting requirements announced in 2016 under the previous administration. Under the rule, federal contractors and private employers with 100 or more employees would have been required to gather information on employee pay and hours worked by race, ethnicity, and sex, and grouped by occupational category. Susan Gross Sholinsky, from Epstein Becker Green, has more:

“The revised EEO-1 report is not actually rescinded. However, it will be stayed until the [Equal Employment Opportunity Commission (EEOC)] submits a new information collection package. It's unlikely, though, that that will happen, because Acting EEOC Chair Victoria Lipnic has actually opposed the revised EEO-1 report from the beginning. And she recently said publicly that she hopes the OMB's decision prompts discussions of more effective ways to encourage employers to review compensation practices in order to ensure equal pay and to close the wage gap. The filing deadline, which used to be September 30th, is now March 31st, and the window for selecting a representative pay period used to be between July 1st and September 30th. It's now between October 1st and December 31st, as had been suggested in the revised EEO-1 report.”

(2) Judge Stays DOL Overtime Rule

The Department of Labor (DOL) exceeded its authority with its amended overtime rule. That’s the conclusion reached by the same Texas federal judge who stayed the Obama-era rule just before it took effect in 2016. The rule introduced a new minimum salary level for the overtime exemption that was more than double the current minimum. The court found that the rule made overtime status depend predominantly on salary level and was inconsistent with the language of the Fair Labor Standards Act, which refers only to job duties. In the wake of this ruling, the DOL has withdrawn its Fifth Circuit appeal of the judge’s earlier injunction, signaling that the agency intends to abandon the rule. The DOL has published an RFI for new proposed regulations, with the comment period ending September 25.

(3) EEOC Files Suit Over Parental Leave Policies

The EEOC has filed its first lawsuit alleging sex discrimination in parental leave policies. This the latest indication that the EEOC is scrutinizing parental leave policies where men and women are treated differently. The EEOC filed suit against Estee Lauder, alleging that the beauty products company discriminated against a male employee when he was denied the same amount of paid leave offered to biological mothers following the birth of a child. The company policy provides six weeks of parental leave to primary caregivers, typically mothers, and two weeks to non-primary caregivers, most typically fathers.

(4) NY Tax Officials Publish Guidance on Paid Family Leave Program

New York State’s new paid family leave program takes effect in January. Now, state officials have made clear how the benefits will be taxed. Benefit payments will be treated as taxable non-wage income. Withholding will not be automatic, but employees can request that employers withhold taxes from benefit payments. New York’s paid family leave program is the most comprehensive in the country, ultimately providing up to 12 weeks of paid protected leave for bonding with a new child, caring for a close relative, or dealing with pressures surrounding a family member’s call to active duty in the military.

(5) Tip of the Week

Jil Galloway, Senior Vice President and Chief Administration Officer at Mitsubishi International Corporation, provides some advice on shifting your pay incentive structure:

“Pay incentive structures can be used to meet the top priorities of your organization. In the past, it was common for companies to want to generate a sense of pride in contributing to the company overall, so meeting the company’s objectives were heavily weighted in the evaluation process at the end of the year. In today's environment, we see that pay incentives are being effectively used to attract and reward strong individual performers. When making incentive plan changes, consider what motivates your key talent within the organization, and how to ensure that the incentive plan will encourage them to stay in your organization.”

Watch the show and subscribe for weekly email notifications: EmploymentLawThisWeek.com. See less -

Embed
Copy

Other MultiMedia by Epstein Becker & Green

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green
Contact
more
less

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.