On September 11, 2015, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule that prevents government contractors from having pay secrecy or confidentiality policies. Specifically, the rule prohibits discharging or otherwise discriminating against an employee or applicant because the employee or applicant inquired about, discussed, or disclosed the compensation of the employee or any other employee. But the rule allows contractors to require human resources personnel (who have access to employee compensation information as part of their job responsibilities) to keep such compensation information confidential.
FMLA certification questions cause major headaches
In a case decided just last month, a federal court in Alabama illustrated the potential risk of making a fairly simple mistake under the Family Medical Leave Act (FMLA). Summary of facts The plaintiff-employee was hired as a full-time materials handl
OFCCP has sent out 1,000 advance audit notices to federal contractors
On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor (DOL) sent out 1,000 corporate scheduling announcement letters (CSALs). These letters notify a contractor that it will be audited for comp
Drug testing and the ADA
Drug testing is a tool commonly used by employers to ensure employees are not illegally using controlled substances at the workplace. But that tool does not come without legal risk. A recent decision by the U.S. Eleventh Circuit Court of Appeals brin
HR mistakes just got more expensive
As anyone involved in litigation will tell you, violations of labor laws have never been cheap. But they are now more expensive than ever. The U.S. Department of Labor (DOL) recently increased penalties for a variety of violations, which became effec
Failure to train managers about the FMLA can lead to hefty verdicts against employers
It’s no secret that training managers about the Family and Medical Leave Act (FMLA) can appear to be expensive for employers. But what happens when managers haven’t received enough training on the FMLA? A recent decision by a U.S. District Court in M
Oct
12
Oct
05
Just in case you don’t think the U.S. Department of Labor is serious about going after misclassification of workers:
Sep
01
In an effort to attract and retain valuable employees, several large national companies are implementing updated leave policies to provide paid time off for employees who welcome a new child. The most recent news comes from Netflix, which announced its new policy of allowing full-time salaried employees in Netflix’s streaming division unlimited paid leave for a year following the birth or adoption of a child. Netflix’s announcement last month comes on the heels of several other companies who are providing paid time off to new parents.
Aug
27
On July 6, 2015, the Federal Register published extremely significant proposed changes to the rules governing overtime under the Federal Fair Labor Standards Act (FLSA). This is the first step in the U.S. Department of Labor (DOL) changing the rules and is primarily directed toward decreasing the number of executive, administrative, and professional (EAP) employees who are exempt from the requirement that employers pay them time-and-a-half (1.5 times) their hourly rate for any time worked over 40 hours during a 7-day period. Put another way, this proposed change is likely to increase the number of people who get paid overtime by raising the threshold “salary basis” for those in traditionally white-collar positions.
Jul
27
In a recent decision about an appeal from the U.S. Department of Transportation, the Equal Employment Opportunity Commission (EEOC) left no question it views sexual orientation discrimination as falling within the protections of Title VII of the Civil Rights Act of 1964. The EEOC stated its intent to treat all sexual orientation discrimination as sex discrimination, actionable under Title VII.