Vets 4212 reporting due November 15th: Federal Contractors and subcontractors, don’t forget to file by next Wednesday November 15th.
US DOL to pursue new OT regulations: The U.S. Department of Labor confirmed on October 30, 2017 that it intends to “undertake new rulemaking with regard to overtime.” While the DOL simultaneously filed an appeal of the district court order holding the prior overtime rule invalid, the DOL stated it intends to request that the Fifth Circuit “hold the appeal in abeyance while the Department of Labor undertakes further rulemaking to determine what the salary level should be,” according to the statement made by the DOL. To see the appeal, click here. Source: Jackson Lewis 10/30/17, Fisher Phillips 10/30/17
Oklahoma federal court rules that Title VII covers transgender: A court in the Western District of Oklahoma held that Title VII protects transgender individuals from discrimination. Tudor v. Se. Okla. State Univ., No. civ-15-324-C. (W.D. Okla. Oct. 26, 2017). The case involved a transgender former professor at Southeastern Oklahoma State University who alleged among other things that she was harassed and discriminated against on the basis of her gender identity after she was denied tenure following her transition from male to female. The court in Tudor denied the university’s motion for summary judgment, finding that there were triable issues of fact with respect to each of Tudor’s claims. This case shows that despite the Department of Justice’s view that Title VII does not protect transgender, federal courts may not follow that pronouncement. The takeaway is that employers should be vigilant in establishing and maintaining non-discrimination and anti-harassment policies that extend protections to individuals on the basis of gender identity. Source: Seyfarth Shaw 11/2/17
Most new employees did not negotiate job offers: A recent CareerBuilder survey found that the majority of workers (56%) do not negotiate for better pay when they are offered a job. Those who avoid it say they don't attempt it because they don't feel comfortable asking for more money (51%), they are afraid the employer will decide not to hire them (47%), or they don't want to appear greedy (36%). While most job candidates avoid negotiating, the majority of employers are expecting a counteroffer. 53% of employers say they are willing to negotiate salaries on initial job offers for entry-level workers, and 52% say when they first extend a job offer to an employee, they typically offer a lower salary than they're willing to pay so there is room to negotiate. But how much money is being left on the table? More than a quarter of employers who offer a lower salary (26%) say their initial offer is $5,000 or more less than what they're willing to offer. The survey found that a new hire's willingness to negotiate the first job offer may come with more experience. 45% of workers 35 or older typically negotiate the first offer, which is higher than workers ages 18-34 (42%). Source: CareerBuilder 1027/17
EEOC launches new online portal: The U.S. Equal Employment Opportunity Commission (EEOC) launched an EEOC Public Portal to provide online access to individuals inquiring about discrimination. The EEOC Public Portal allows individuals to submit online initial inquiries and requests for intake interviews with the agency. Initial inquiries and intake interviews are typically the first steps for individuals seeking to file a charge of discrimination with EEOC. The new system enables individuals to digitally sign and file a charge prepared by the EEOC for them. Once an individual files a charge, he or she can use the EEOC Public Portal to provide and update contact information, agree to mediate the charge, upload documents to his or her charge file, receive documents and messages related to the charge from the agency, and check on the status of his or her charge. These features are available for newly filed charges and charges that were filed on or after Jan. 1, 2016 that are in investigation or mediation. Source: EEOC 11/1/17
More employers are buying insurance to cover miscreant employees: Employment practices liability insurance (EPLI) plans, which cover sexual harassment, racial discrimination, and wrongful-firing claims have spread rapidly over the past decade from major corporations to midsize and smaller firms, industry experts say. U.S. companies spent an estimated $2.2 billion last year on insurance policies covering the legal fallout from sexual harassment, racial discrimination, and unfair-dismissal accusations. The market is projected to grow to $2.7 billion by 2019, according to MarketStance, a research firm that tracks insurance trends. That’s a fraction of what enterprises spend on legal and medical malpractice insurance, but industry experts said EPLI coverage is surging into the mainstream, with the biggest growth coming from small and midsize companies. About 41% of firms with more than 1,000 workers report having some kind of plan to cover sexual harassment and discrimination, said Frederick Yohn, managing director of MarketStance. At the other end of the spectrum, firms with more than $5 billion in annual revenue typically pay about $285,000 a year for a $30 million limit. Before carriers pick up any expenses associated with a claim, such as court fees and damages, companies must pay a retention, which is similar to a deductible. For start-ups, the cost ranges from $1,000 to $10,000 per complaint, Betterley said. For large firms, retentions could reach $1 million. Source: Washington Post 11/3/17