Proposal calls for EEO-1 deadline to move from September 2017 to March 2018

July 14, 2016 - by: Tammy Binford 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) has announced that its proposal to collect pay data through the Employer Information Report (EEO-1) includes a change in the due date for the EEO-1 survey.

The revised proposal, published in the July 14 Federal Register, moves the deadline for employers to submit the EEO-1 survey from September 30, 2017, to March 31, 2018. According to the EEOC’s announcement, the change is to simplify reporting by allowing employers to use existing W-2 pay reports, which are calculated based on the calendar year. Employers will have until August 15, 2016, to submit written comments on the revised proposal.

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Employers praise injunction blocking new ‘persuader’ rule

June 27, 2016 - by: Tammy Binford 0 COMMENTS

An injunction blocking the U.S. Department of Labor’s (DOL) new “persuader” rule is drawing praise from employer interests concerned that the new rule would stifle their efforts to respond to union organizing campaigns.

The rule change was scheduled to take effect July 1, but a preliminary injunction issued June 27 prohibits enforcement pending final resolution of a lawsuit challenging the rule’s constitutionality. Senior U.S. District Judge Sam R. Cummings of the U.S. District Court for the Northern District of Texas issued the injunction after hearing arguments during a June 20 hearing. The scope of the injunction is nationwide.

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New Chicago ordinance will require employers to provide paid sick leave

by Steven L. Brenneman

On June 22, the Chicago City Council passed an ordinance that will require nearly all employers in Chicago to provide paid sick leave to employees. The ordinance, which passed 48-0 despite opposition from business and employer groups, follows the lead of similar laws in several states and more than a dozen cities. It is expected to be signed into law quickly by Mayor Rahm Emanuel, and it will take effect on July 1, 2017.

The ordinance will apply to virtually all employers in Chicago, regardless of the number of employees. All businesses that have a location in the city or are subject to city licensing requirements must comply (except for employers in the construction industry).

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New final rule updates sex discrimination guidelines for federal contractors

June 14, 2016 - by: Tammy Binford 0 COMMENTS

Federal contractors are getting a look at a new regulation aimed at preventing sex discrimination in employment, and while many contractors already are in line with its provisions, the new rule may create tension in some areas.

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) released a final rule on June 14 replacing sex discrimination guidelines from 1970 with new regulations that align with current law.

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Court’s decision solidifies NLRB’s ‘quickie’ election rule

June 13, 2016 - by: Tammy Binford 0 COMMENTS

A June 10 ruling by the U.S. 5th Circuit Court of Appeals dealt a blow to employers hoping to escape the constraints of the National Labor Relations Board’s (NLRB) rule speeding up union representation elections.

The Associated Builders and Contractors of Texas and the National Federation of Independent Business filed the challenge to what many employers have dubbed the “quickie” or “ambush” election rule. The court’s opinion, authored by Judge Edith Brown Clement, states the Board “acted rationally and in furtherance of its congressional mandate in adopting the rule.”

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DOL’s new ‘persuader’ rule goes into effect July 1

by Steven R. Semler

The U.S. Department of Labor’s (DOL) new “persuader” rule is set to take effect on July 1. The rule will require employers and their attorneys and consultants to file with the DOL for public disclosure all agreements and payments to attorneys and consultants for providing advice, counter-organizational campaign training, and assistance on maintaining nonunion status.

Under the old rule, attorney and consultant assistance on maintaining nonunion status was exempt from reporting under the “legal advice” exception of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA).

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Ruling gives employees more time to file constructive discharge claims

May 24, 2016 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

A May 23 U.S. Supreme Court ruling clears up questions about how long employees have to file constructive discharge claims, and the decision likely means more pressure for employers potentially facing such lawsuits.

In Green v. Brennan, the Court ruled 7-1 that a U.S. Postal Service employee in Englewood, Colorado, filed a constructive discharge claim within the time period allowed for such claims. The employer had maintained that the claim came too late, and the lower courts agreed.

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Employers need to be ready for new overtime rule by December 1

May 18, 2016 - by: Tammy Binford 2 COMMENTS

The flurry of speculation is finally over. The White House and the U.S. Department of Labor (DOL) have released the new final rule governing which workers must be paid overtime. The changes aren’t quite as drastic as what employers were preparing for based on the contents of the proposed rule made public last summer, but the final rule more than doubles the amount workers must earn to qualify as exempt from the law’s overtime pay requirement.  3D Man Overtime Clock

The changes mean some 4.2 million more employees across the country, according to White House estimates, will be eligible to earn overtime pay when the new final rule takes effect on December 1.

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DOL poised to release new overtime final rule

May 17, 2016 - by: Tammy Binford 0 COMMENTS

The long-awaited final rule making millions more employees eligible to earn overtime pay is likely to be released on May 18, and if its contents match recent reports, employers and employees alike are in for big changes.

The Politico news organization reports that Vice President Joe Biden, Labor Secretary Tom Perez, and Ohio Senator Sherrod Brown will announce the rule at an event in Columbus, Ohio, on May 18. The report says the rule places the minimum salary for an employee to maintain exempt status at $47,500, up from the current rule’s floor of $455 a week ($23,660 a year).

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EEOC’s new wellness program rules give employers more to consider

May 16, 2016 - by: Tammy Binford 0 COMMENTS

Employers are getting a look at new final rules affecting how they structure wellness programs, rules that are meant to clear up conflicts among various federal laws but that also may make administration of wellness programs more challenging.

The Equal Employment Opportunity Commission’s (EEOC) new rules describe how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to employer wellness programs that request health information from employees and their spouses. The rules—one dealing with the ADA and the other with GINA—explain how workplace wellness programs can comply with the ADA and GINA consistent with provisions in the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act (ACA).

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