Final rule on minimum wage for contractors released

October 02, 2014 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

Federal contractors can now take a look at the rules they will have to follow when an Executive Order that requires a $10.10 per hour minimum wage for workers on federal service and construction contracts takes effect.

The U.S. Department of Labor (DOL) announced the final rule on October 1. The rule implements Executive Order 13568, which was announced by President Barack Obama in February. The DOL’s announcement said the Executive Order will affect nearly 200,000 workers.

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OSHA seeks more comments on injury and illness tracking

by Judith E. Kramer

The federal Occupational Safety and Health Administration (OSHA) has extended the comment period for the proposed rule to improve tracking of workplace injuries and illnesses. Comments will be accepted through October 14.

The proposal, published on November 8, 2013, would amend the agency’s record-keeping regulation to add requirements for the electronic submission of injury and illness information that employers are already required to keep.

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Federal contractor ‘pay transparency’ rule up for comment

September 17, 2014 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

The U.S. Department of Labor (DOL) has published a proposed rule aimed at ensuring that employees of federal contractors are allowed to discuss their compensation. The proposed rule, which was published in the September 17 Federal Register, gives interested parties until December 16 to submit comments.

The rule’s language prohibits federal contractors and subcontractors from firing or otherwise discriminating against employees or applicants who discuss, disclose, or inquire about their compensation or another employee’s or applicant’s compensation.

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Delay on immigration reform sparks questions, complaints

September 08, 2014 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

President Barack Obama’s announcement that he will delay taking executive action on immigration reform means employers won’t get quick answers on when or if changes to the country’s immigration system will come.

On June 30, Obama promised he would use his executive power to make changes since Congress wasn’t making progress on passing an immigration reform bill. Speaking in the Rose Garden, he said then, “I’m beginning a new effort to fix as much of our immigration system as I can on my own, without Congress.”

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Latest fast-food protests buoyed by NLRB, Obama stance

September 02, 2014 - by: HR Hero 0 COMMENTS

More fast-food protests are planned for September 4, with the latest round including homecare workers and possible civil disobedience.

Fast-food and other low-wage workers have been staging periodic strikes and demonstrations since 2012 in hopes of increasing their hourly wage. In addition to expanding the type of workers represented, planners of the new protests have said they’re ready to face arrests for nonviolent civil disobedience.

This week’s protests also are significant because they’re the first since National Labor Relations Board (NLRB) General Counsel Richard Griffin issued an announcement on July 29 that the McDonald’s corporation is a joint employer with its franchisees. That means the corporate giant could be held jointly responsible in complaints stemming from employee efforts to unionize and fight for higher wages.

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OFCCP updates guidance on gender identity and transgender discrimination

August 20, 2014 - by: Tammy Binford 2 COMMENTS

by Tammy Binford

On August 19, the Office of Federal Contract Compliance Programs (OFCCP) announced a new directive related to its decision to update its enforcement actions regarding gender identity and transgender discrimination.

On June 30, the U.S. Department of Labor (DOL) announced it would update its enforcement protocols and guidance to reflect that the full protection of federal antidiscrimination laws applies to claims of gender identity or transgender status.

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OFCCP to issue proposed rule for federal contractors’ collection of comp data

by Federal Employment Law Insider

The U.S. Department of Labor (DOL) has announced the issuance of the long-awaited proposed rule requiring federal contractors and subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs (OFCCP). The rule is scheduled to be published in the Federal Register August 8, and all comments must be received within 90 days after the date of publication.

This notice of proposed rulemaking (NPRM) would amend the current regulations by adding a requirement that certain federal contractors and subcontractors supplement their EEO-1 Report with summary information on compensation paid to employees, as contained in the W-2 forms, by sex, race, ethnicity, and specified job categories as well as other relevant data points such as hours worked and the number of employees.

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NLRB ratifies some actions taken with recess appointees

August 05, 2014 - by: HR Hero 0 COMMENTS

The National Labor Relations Board (NLRB) has announced that it has ratified some of the actions it took while it was made up of mostly recess appointees who have since been judged to be invalid. However, the ratification likely won’t have any effect on the cases decided during that time, according to John P. Hasman, a partner in the St. Louis office of Armstrong Teasdale.

In a statement released August 4, the Board said that on July 18, it unanimously ratified all administrative, personnel, and procurement actions it took while it was operating with the recess appointees—January 4, 2012, to August 5, 2013.

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NLRB’s McDonald’s franchise determination called ‘aggressive play’

July 30, 2014 - by: Tammy Binford 0 COMMENTS

A National Labor Relations Board (NLRB) ruling that the McDonald’s corporation is a joint employer with its franchisees is a departure from longtime precedent that’s drawing fire from the fast-food giant and other business interests.

The NLRB’s Office of the General Counsel released a statement on July 29 saying the Oak Brook, Illinois-based corporation could be named as a joint employer in a rash of complaints stemming from employee efforts to unionize and fight for higher wages. The decision is “another aggressive play” by the NLRB, according to Bart N. Sisk, an attorney with Butler Snow LLP in Memphis, Tennessee.

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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…

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