Latest from Ogletree Deakins Insights - Page 2

According to the Office of Federal Contract Compliance website’s leadership team page, Jenny Yang has replaced Craig Leen as director of the agency. Yang previously served on the U.S. Equal Employment Opportunity Commission (EEOC) from 2013 to 2018 and served as a commissioner, vice chair, and chair for the agency (the latter from 2014 to 2017). Yang spearheaded the EEOC’s drive to collect pay data from private employers as part of the EEO-1 report.…
Effective January 20, 2021, the Ontario government is increasing workplace inspections of retailers and other workplaces as part of a crackdown on compliance to ensure COVID-19 safety protocols are being followed and enforced. Previously, the Government of Ontario announced that it would be sending Ministry of Labour, Training and Skills Development (MOLTSD) health and safety inspectors, local bylaw officers, and police officers to “big-box stores” in the Toronto, Hamilton, Peel, York, and Durham regions to…
Effective January 1, 2021, immigration procedures related to foreign nationals and expatriates are subject to new governmental fees, published by Mexico’s Ministry of the Interior (Secretaria de Gobernación, SEGOB) and National Immigration Institute (NII) (Instituto Nacional de Migración, INM). On December 29, 2020, the Official Gazette of the Federation (Diario Oficial de la Federación) published the Miscellaneous Tax Resolution for fiscal year 2021 and its annex 19, through which articles 7.1, 7.4, 7.5, 7.6, and…
On January 12, 2021, Governor Mike DeWine signed into law House Bill (H.B.) 352, which makes significant and sweeping changes to how employment discrimination claims will be handled in the State of Ohio. H.B. 352 amends pertinent sections of Ohio Revised Code 4112, which contains Ohio’s employment discrimination laws, in the following ways. Mandates Filing of Charge Before Filing Lawsuit Employees alleging workplace discrimination in Ohio will now be required to first file a…
As the 4 April 2021, gender pay gap reporting deadline approaches, the UK government has published an updated set of guidance for employers on the gender pay gap reporting requirements. Although the reporting requirements have not changed, the guidance has been updated to include information for employers impacted by the COVID-19 pandemic, in particular relating to furlough leave and the Coronavirus Job Retention Scheme (CJRS). In March 2020, the Government Equalities Office and the Equality…
On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” is the DOL’s second attempt in recent months to revise how the existing four-tiered wage structure of the Occupational Employment Statistics (OES) wage survey is calculated for purposes of determining…
On December 22, 2020, New Orleans Mayor LaToya Cantrell signed into law the CROWN Act (Calendar No. 33,184). The new law prohibits employment discrimination in the City of New Orleans based on hairstyles. The law is modeled after federal legislation introduced in January 2020—the Creating a Respectful and Open World for Natural Hair Act (CROWN Act)—designed to correct racial and cultural inequities by making hair discrimination illegal in the United States. In the…
On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” is the DOL’s second attempt in recent months to revise how the existing four-tiered wage structure of the Occupational Employment Statistics (OES) wage survey is calculated for purposes of determining…
The U.S. Equal Employment Opportunity Commission (EEOC) issued a press release on January 12, 2021, notifying EEO-1 filers that the EEO-1 filing platform will not open until April 2021. This is of particular interest for employers because the EEOC delayed the 2019 EEO-1 filings, which would normally have been due in March 2020, due to the COVID-19 pandemic—meaning that both the 2019 and 2020 EEO-1 filings will be due this year. The April 2021 opening…
Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the Capitol were knowingly filmed as part of the insurrection (and many were seen posing for selfies). A photograph of a rioter wearing clothing with the word “Auschwitz” prominently displayed has been widely disseminated. Other rioters were…