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…

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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UAW trying different approach to unionize Volkswagen plant

July 11, 2014 - by: Tammy Binford 0 COMMENTS

Despite two failed attempts to unionize the Volkswagen plant in Chattanooga, Tennessee, the United Auto Workers (UAW) on July 10 announced the creation of Local 42, a local that Chattanooga VW workers can join voluntarily.

“We’ve had ongoing discussions with Volkswagen and have arrived at a consensus with the company,” Gary Casteel, the UAW’s secretary-treasurer, said in a statement about the union’s latest move. “Upon Local 42 signing up a meaningful portion of Volkswagen’s Chattanooga workforce, we’re confident the company will recognize Local 42 by dealing with it as a members’ union that represents those employees who join the local. As part of this consensus, the UAW is committed to continuing its joint efforts with Volkswagen to ensure the company’s expansion and growth in Chattanooga.”

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Comment period on $10.10 minimum wage rules ends July 28

July 09, 2014 - by: HR Hero Alerts 1 COMMENTS

by Rachael E. Luzietti

The comment period for the proposed rule to implement President Barack Obama’s Executive Order to raise the minimum wage for employees working on government contracts ends July 28. Those interested in having their voices heard should submit comments at www.regulations.gov.

In February, Obama issued Executive Order 13658, which mandates a minimum hourly wage of $10.10 to be paid by employers contracting with the federal government. The U.S. Department of Labor (DOL) issued a notice of proposed rulemaking on June 17 to implement the order.

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High court lets Hobby Lobby, others opt out of contraception coverage under ACA

June 30, 2014 - by: Jessica Webb-Ayer 3 COMMENTS

The U.S. Supreme Court reviewed the Affordable Care Act (ACA) again this term, and today, it held in Burwell v. Hobby Lobby Stores, Inc. that the ACA’s contraceptive mandate violates the Religious Freedom Restoration Act of 1993 (RFRA) as it is applied to “closely held corporations.” According to the Court’s 5-4 opinion, the mandate “substantially burdens the exercise of religion.”

Under the ACA (and related Department of Health and Human Services (HHS) regulations), many health insurance plans must cover certain preventive services for women without cost sharing (e.g., coinsurance, copayments, and deductibles). These preventive services include contraceptive methods and counseling—or more specifically, “all Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity.”

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Obama’s three NLRB recess appointments were invalid, Supreme Court rules

June 26, 2014 - by: HR Hero Alerts 0 COMMENTS

On June 26, 2014, the U.S Supreme Court unanimously upheld the decision of the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning v. NLRB, concluding that President Barack Obama’s three recess appointments to the National Labor Relations Board (NLRB)—Sharon Block, Richard Griffin, and Terence Flynn—were not valid.  Accordingly, since three out of the five members were invalidly appointed, the NLRB lacked a quorum.  That means Board decisions, including union-friendly rulings on social media, confidentiality rules, and off-duty employee access to the workplace, are now affected and likely invalid

In January 2012, President Obama filled three vacancies on the NLRB while the Senate was on its 20-day holiday break. Republicans objected to the president’s appointments, claiming the Senate wasn’t in recess because it was holding pro forma sessions every few days.

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