Executive Order creates new compliance requirements for federal contractors

August 01, 2014 - by: HR Hero Alerts 0 COMMENTS

On July 31, President Barack Obama signed an Executive Order “to promote economy and efficiency in procurement by contracting with responsible sources who comply with labor laws.” The order will apply to new government contracts worth more than $500,000, and according to a White House fact sheet, it will be “implemented on new contracts in stages, on a prioritized basis, beginning in 2016.”

The Executive Order requires contractors to report if they have violated any of 14 labor laws in the past three years. Employers also must provide updates regarding violations every six months and possibly face remedial action.

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Federal appeals courts issue conflicting decisions on ACA subsidies

July 22, 2014 - by: Jessica Webb-Ayer 0 COMMENTS

A few weeks after the U.S. Supreme Court dealt a blow to the Affordable Care Act’s (ACA) contraceptive mandate, federal courts are looking at a different aspect of the law—exchange subsidies. On July 22, there was a flurry of activity on the issue, with two federal appeals courts issuing conflicting rulings.

States had the option to design and operate exchanges (also known as marketplaces) that best met their unique needs while complying with the ACA’s statutory and regulatory standards. All states had to make a choice regarding what kind of exchange they wanted. States could: read more…

New guidance on pregnancy discrimination released

July 15, 2014 - by: HR Hero 1 COMMENTS

For the first time since 1983, the Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on pregnancy discrimination. The new guidance incorporates significant developments in the law during the past 30 years, including how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities.

The EEOC issued Enforcement Guidance: Pregnancy Discrimination and Related Issues on July 14. Besides the guidance, the agency released questions and answers about the guidance and a fact sheet for small businesses.

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Proposed rule would extend FMLA protection to employees in same-sex marriages

June 20, 2014 - by: Tammy Binford 1 COMMENTS

by Tammy Binford

On June 20, the U.S. Department of Labor (DOL) announced a proposed rule that would allow employees to take Family and Medical Leave Act (FMLA) leave to care for a same-sex spouse even if the couple lives in a state that doesn’t recognize same-sex marriages.

The proposed rule is another result of the U.S. Supreme Court’s decision in United States v. Windsor. The Court struck down the provision of the Defense of Marriage Act (DOMA) that interpreted “marriage” and “spouse” to be limited to opposite-sex marriages for the purposes of federal law.

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Obama plans Executive Order against sexual orientation bias by contractors

June 17, 2014 - by: Tammy Binford 1 COMMENTS

by Tammy Binford

Continuing his use of Executive Orders in what’s being called a “year of action,” President Barack Obama plans to sign an order to prohibit federal contractors from discriminating on the basis of sexual orientation or gender identity, according to news reports.

On June 16, news reports quoted a White House official as saying that Obama plans to sign the Executive Order, but the official didn’t say when the president will take the action. The order would make it unlawful for employers that have federal contracts to discriminate in employment decisions based on sexual orientation or gender identity.

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Agency proposes clearinghouse for commercial driver drug tests

by Charles S. Plumb

The U.S. Department of Transportation (DOT) has proposed a new rule that would create a database of commercial drivers’ drug test histories, making it easier for employers to find a job candidate’s past drug test results. The comment period is open until April 21.

Under the current rules, employers that hire commercial drivers may not know whether an applicant has a history of positive drug or alcohol tests because employers can rely only on information about earlier test results that individuals applying for driving jobs supply.

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NLRB to hear stakeholders on ‘quickie’ election rule

April 09, 2014 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) is set to hear opinions on its proposed changes to the rules governing union representation elections during hearings on April 10-11. The meetings can be seen in their entirety at www.nlrb.gov/openmeeting.

The hearings will begin at 9:00 a.m. (ET) at the Board’s Washington, D.C., offices. Speakers had to submit requests ahead of time and already have been determined.

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New executive actions target equal pay for women

April 08, 2014 - by: Tammy Binford 2 COMMENTS

President Barack Obama is once again using executive action related to the pay American workers earn. A White House fact sheet says the actions are aimed at fighting pay discrimination and strengthening enforcement of equal pay laws.

In one action, Obama signed a presidential memorandum instructing Secretary of Labor Tom Perez to establish new regulations requiring federal contractors to submit more data to the U.S. Department of Labor (DOL). The president wants the DOL to collect summary data on compensation paid to employees, including data by sex and race.

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Treasury Department finalizes rule on hiring women, minorities

by Judith E. Kramer

The U.S. Treasury Department has issued a final rule requiring that any entity that enters into a contract with the department make good-faith efforts to include minorities and women in its workforce.

The new rule goes into effect April 21. The requirement grows out of the 2010 Dodd-Frank Act, which states that covered agencies will require contractors to provide a written statement that the “contractor shall ensure, to the maximum extent possible, the fair inclusion of women and minorities in the workforce of the contractor, and as applicable, subcontractors.”

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OFCCP releases resources to help contractors comply with new regulations

March 24, 2014 - by: Tammy Binford 0 COMMENTS

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has posted information on its website to help federal contractors comply with the new regulations pertaining to the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act.

The new resources are: read more…

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