Quick Hits - September 26, 2018 - American Society of Employers - ASE Staff

Quick Hits - September 26, 2018

Why a student loan assistance program would be a great attraction/retention tool: A 2018 study from student loan management company IonTuition found that 75% of respondents would rather their employer offer monthly contributions to their student loans over 401(k) benefits. Student loan debt is the second largest form of consumer debt in the U.S. — behind mortgage loans. It’s become such a problem that those afflicted have put off buying houses, starting families, and moving out of their parents’ homes after college.  Of the 1,000 respondents polled, 37% said they are unsatisfied with their current loan repayment plans and 18% aren’t knowledgeable of their repayment options. Only 13% of respondents work for a company that offers a student loan assistance benefit, while 70% believe employers should help workers manage student debt. A majority of those surveyed — 66% — say they would like the option to choose matching contributions toward their student loan over those for a 401(k). That figure was only 49% in IonTuition’s 2017 survey.  Source: 9/20/18

New FCRA form required starting September 21: A new model “A Summary of Your Rights Under the Fair Credit Reporting Act” disclosure form document was released on September 12, 2018, by the Consumer Financial Protection Bureau (CFPB). Employers and background check companies may begin using the new form on September 21, 2018.  The federal agency responsible for oversight and drafting the model forms required under the Fair Credit Reporting Act (FCRA) issued the revised form in an interim final rule on September 12, 2018.  Employers and background check companies are required to provide the disclosure form to employees and job applicants at certain times under the FCRA. A failure to provide the correct notification can lead to significant exposure, including class action litigation.  If you need more information about this form and changes please read this week’s EPTW article or contact Susan Chance, ASE’s Manager for Preemployment Services at 248-223-8012 or [email protected].  Source:  Jackson Lewis 9/14/18

OFCCP audit list made public:  Hundreds of prominent federal contractors are named on a list of employers selected to be audited for compliance with anti-discrimination laws, under a new policy of publicly identifying targeted companies.  The Office of Federal Contract Compliance Programs has never provided the names of contractors it intends to audit, several management attorneys told Bloomberg Law. The list, made public September 19, was released as part of an agency initiative toward more transparency. The lists are frequently requested under the Freedom of Information Act, but the agency has declined to make them publicly available until now, OFCCP spokesman Edwin Nieves told Bloomberg Law September 20. The lists will be posted on the agency’s website going forward.  Source: Daily Labor Report 9/20/18

Facebook charged with gender discrimination:  Facebook discriminates against millions of women and gender nonbinary people by letting companies target job ads on the platform toward men, job seekers claim in U.S. Equal Employment Opportunity Commission charges filed against the social media giant and 10 employers. Job seekers Bobbi Spees, Linda Bradley, Renia Hudson, and the Communications Workers of America union allege Facebook violates Title VII of the Civil Rights Act of 1968 by letting businesses show paid help-wanted ads only to men. They claim several Facebook client businesses have likewise violated the law by excluding women and nonbinary people from seeing their job openings on the social media platform. Aside from Facebook, the charges name national moving company JK Moving Services; window replacement company Renewal by Anderson LLC; the Greensboro, North Carolina, police department; and seven others.  Source:  Law360 9/18/18

H-4 visas to be revoked within the next three months: The Trump administration has told a federal court that its decision to revoke work permits to H-4 visa users, a significant majority of whom are Indian-Americans, is expected within the next three months, a move which will have a major impact on Indian women as they are the major beneficiary of the Obama-era rule. H-4 visas are issued by the U.S. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the holders of H-1B visa, the most sought-after among Indian IT professionals.  For those employers employing married H-1B visa holders, this could have a significant impact on their employment or require them to file immediately, once the H-1B is received, for U.S. citizenship.  "93% of approved applications for H-4 employment authorization were issued to individuals born in India, and 5% were issued to individuals born in China. Individuals born in all other countries combined make up the remaining 2% of approved applications," the Congressional Research Service said in its recent report, based on information obtained from the USCIS.  Source: Economic Times 9/22/18

Can Glassdoor reviews stay confidential? Glassdoor is fighting to overturn a court order that would force the San Francisco-based company to reveal the identities of posts about the online clothing retailer Andra Group LP. Lawyers for Andra contend the company wants to investigate whether certain posts, which included claims about alleged labor violations and bad business practices, are defamatory.  A lower appeals court, ruling in favor of Andra under a state procedural rule, said Glassdoor must reveal two out of 10 anonymous writers whose reviews are disputed. The discovery rule, known as Rule 202, states that a court can be petitioned for information allowing one party to investigate a potential claim. Glassdoor argued Andra is attempting to abuse the procedural rule to limit free speech. Andra’s attorney W. Alan Wright read the posts the company found defamatory to the court. The two posts included criticisms that the managers were “racist and sexist,” the warehouse amounted to slavery and hiring practices violate labor law.  In Andra’s brief to the court, the company said the negative Glassdoor posts damaged the company’s reputation and caused a “drop in candidate interest.”  Source: law.com 9/19/18

How many women in how many jobs? For every 492 men in the United States, there are 508 women. You’d be hard-pressed to guess that ratio, though, if the groups of Americans you’re observing are ones that wield a disproportionate amount of power. The Pew Research Center released data that explored Americans' comfort level with women in positions of power. There is a sharp divide between men and women, as you might expect. While 6 in 10 Americans think that there are too few women in high political office and top executive positions, that’s boosted by 7 in 10 women and nearly 8 in 10 Democrats holding those views. Only about half of men agree, and only a third to 40% of Republicans do. Since men happen to hold strong majorities in most positions of power, it’s not much of a surprise that many of them don’t see much urgency in being replaced.  Given the current data, they estimated at what point in time women are expected to make up at least half of various groups:  University presidents: 2046; Legislatures: 2073; Fortune 500 boards: 2081; The U.S. Senate: 2086; The U.S. House: 2102; Governors: 2134; and Fortune 500 CEOs: 2202.  Therefore, for many of us, our great, great, great granddaughters may make it as a CEO of a Fortune 500 company.  Source: The Washington Post 9/20/18

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