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Short Answer: Currently, no. But first, some background. Generally, employers with 100 or more employees, and certain federal contractors and subcontractors, are required to file an Employer Information Report EEO-1 each year. The EEO-1 is a report of the employer’s work force by job category, sex, race, and ethnicity. In 2016, then-President Obama announced a plan to use the EEO-1 to assist in ending the gender wage gap.…
OFCCP Audit Scheduling Letters Available Online – On Friday, February 22, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is on schedule to post its next set of Corporate Scheduling Announcement Lists (CSALs) in the department’s FOIA Library next month (around mid- to late-March). As a reminder to our readers who are federal contractors or subcontractors, the OFCCP announced late last year that it will no longer mail CSALs to those…
OSHA (the Occupational Safety and Health Administration) issued its electronic injury reporting rule in May, 2016.  When issued, OSHA had intended all employers (over time) to submit their injury and illness records (OSHA Form 300 log of work-related injuries and illnesses), OSHA Form 301 (injury and illness incident report), and OSHA 300A (annual summary of work-related injuries and illnesses by establishment)) via a “secure” electronic system.  OSHA would then use this information to publicly shame…
The answer to this question depends – is the employee exempt or non-exempt? And, if non-exempt, will the deduction reduce her compensation below the minimum wage or affect her overtime compensation? We live in a time where company-issued computer laptops and tablets are commonplace. It is also fairly certain that, at one time or another, an employee is going to spill his coffee or soda on that little device or drop it on the floor,…
The compliance date for employers to file their 2016 OSHA 300A reports on the new electronic website has been delayed an additional two (2) weeks pursuant to a regulation issued on Wednesday, November 22, 2017, and which is expected to be published on November 24.  OSHA explained that the additional two weeks would allow employers further time to become familiar with the electronic submission process and facilitate an orderly filing process. (The most recent date…
As noted in our Legal News Update – Me Too, But Now What? What Board Members Need to Know About Workplace Sexual Harassment – allegations regarding workplace harassment have recently been a major focus of traditional and social media outlets.  From the #MeToo campaign to Susan Fowler’s blog testimony about her experiences involving harassment in the corporate world to the Harvey Weinstein NY Times sexual harassment investigation and upheaval in Hollywood, workplace harassment is front…
On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD) Administrator, sought to limit instances of misclassification of workers, and expand the instances where a business might be considered a joint employer of a worker. The move was announced in a statement on the DOL’s web site.…
Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be criminally liable for a workplace fatality?  It’s true.  Under the Occupational Safety and Health Act (OSH Act), when the cause of an employee’s death is determined to be directly related to a willful violation of an applicable health and safety regulation,…
With the new, increased salary requirements set to take effect later this year for exempt employees, many employers are asking how they might reduce their overtime obligations. One possible approach is the fluctuating workweek method of compensation. However, prior to implementing such an approach, employers would be wise to seek guidance from counsel because the fluctuating workweek method comes with its own potential challenges, and it may not be permissible under some state overtime laws,…
This past November, Congress passed a budget that included legislation requiring federal agencies to adjust their civil penalties to account for inflation. In response, the Department of Labor (DOL) is adjusting penalties for its agencies, including the Occupational Safety and Health Administration (OSHA). The new civil penalty structure for violations of the Occupational Safety and Health Act regulations go into effect today, August 1, 2016. This is the first time since 1990 that OSHA has…