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By now, most federal contractors are aware of the Office of Federal Contract Compliance Programs’ (OFCCP) current policy of transparency and have heard about its plan to conduct focused reviews and other compliance checks, in addition to regular establishment reviews. Likewise, most have already perused the latest Corporate Scheduling Announcement List (CSAL) notifying contractors about whether they are likely to be scheduled for review during the current fiscal year and, if so, providing advance notice…
In response to town hall meetings held late last year, the OFCCP has taken a number of actions geared toward addressing some of the contractor concerns discussed during those meetings. In particular, several of the directives and other publications issued by the OFCCP in recent months signal the OFCCP’s intent to provide greater transparency with respect to its auditing and enforcement efforts and reflect a more collaborative mindset than contractors have seen during the past…
Earlier this month, we discussed the Second Circuit Court of Appeals’ decision concluding that Title VII prohibits discrimination on the basis of sexual orientation. Days later, the Sixth Circuit Court of Appeals (covering Kentucky, Michigan, Ohio, and Tennessee) issued a significant Title VII decision of its own when it concluded that a funeral home’s discharge of a transitioning transgender employee also violated Title VII.…
Although the Trump administration made a mark on labor and employment policy at the federal level in 2017, employers can expect greater movement in 2018 once more of Trump’s nominees for federal agencies take office and implement more business-friendly policy changes. Increasing media coverage about sexual harassment and racism in the workplace also demonstrates that employers must continue to comply with longstanding employment laws.…
Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might be entitled to some additional leave time as a reasonable accommodation under the Americans with Disabilities Act (ADA).  But the key question for employers has always been how much additional leave time is reasonable.…
Imagine a scenario where an employer hires two individuals – a male and female – to fill two identical jobs (i.e., same job qualifications and same job duties). Both individuals satisfy the educational, skill, and other technical requirements for the job and they have similar employment histories.  However, at their prior places of employment, one individual earned $50,000 at his/her prior place of employment, while the other earned $60,000. The employer agrees to hire both…
Monday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four. 3. Are you in compliance with Form I-9, Employment Eligibility Verification requirements and other compliance obligations under federal immigration laws?…
It hasn’t taken long, and if there was ever any wonder, it’s been put to rest. In the first weeks of the Trump administration we’ve seen wide-reaching philosophical shifts. But how will those shifts impact labor and employment in the automotive industry and, more importantly, what issues should employers continue to be mindful of in 2017?…
A trio of recent court decisions staying implementation of the controversial persuader rule, most of the much-criticized Fair Pay and Safe Workplaces (“FPSW”) executive order, and the Department of Labor’s highly publicized overtime rule are a breath of fresh air for employers who have been struggling to keep up with the onslaught of new regulatory requirements advanced by the Obama administration. However, as the year winds down, employers should keep in mind that, as of yet,…
As we reported previously, enforcement of equal pay laws and remedying of pay disparities continue to be top priorities for the U.S.Equal Employment Opportunity Commission (EEOC) and U.S. Office of Federal Contract Compliance Programs (OFCCP). The EEOC again highlighted this ongoing focus this past week when it announced revisions to its February 2016 proposal to collect pay and hours-worked data as part of the annual EEO-1 reporting process. In announcing the revised proposal,…