Quick Hits - January 23, 2019 - American Society of Employers - ASE Staff

Quick Hits - January 23, 2019

EEO-1 reporting likely delayed:  With the partial government shutdown impacting the EEOC, it is likely that the EEO-1 reporting will be delayed. The EEOC had apparently planned to open the 2018 EEO-1 filing website during the second or third week of January 2019, with a planned filing deadline of March 31, 2019, Patton said, citing calls to the EEO-1 Joint Reporting Committee helpline. "More recent information suggests that the EEOC plans to open the EEO-1 filing website at the end of January 2019, but that is dependent on when the partial shutdown ends," according to Ogletree Deakins Shareholder James A. Patton, Jr.  "As the government shutdown grinds on, the opening date for the EEO-1 filing website remains in doubt," Patton suggested. "Even after the shutdown ends, it is unknown how long it will take to bring the 2018 EEO-1 filing website online." Patton is referring to the background work that likely would have been performed during the time that EEOC employees have been furloughed. This work may need to be completed after the shutdown ends so that the filing website can be opened. Source:  CCH 1/21/19

Federal contractor minimum wage increased to $10.60 per hour: Executive Order 13658 (EO) requires that federal contractors pay workers performing work on or in connection with covered contracts at least (1) $10.10 per hour beginning January 1, 2015, and (2) beginning January 1, 2016, and every year thereafter, an inflation-adjusted amount determined by the Secretary of Labor in accordance with the EO and appropriate regulations. The EO hourly minimum wage in effect from January 1, 2019 through December 31, 2019 is $10.60. To have a copy of the poster, click here.

Employers finding it more difficult to fill positions:  In a December survey of 445 businesses, Express Employment Professionals found that more businesses are reporting difficulty recruiting and filling positions than in any of the previous four quarters. 50% say it is "somewhat difficult" to recruit and fill positions, while 33% say it is "very difficult." Only 14% say "somewhat easy," and 2% say "very easy." More respondents said "very" or "somewhat difficult" than in any of the previous four quarters.  Source:  Express Employment Professionals 1/9/18

Baby boomers accounted for half of all new hires in 2018:  Americans 55 and over made up about half of all employment gains in 2018, according to an analysis of Labor Department data by The Liscio Report, a research publication for investors. That’s an eye-popping share considering that demographic made up only a quarter of last year’s labor force -- which includes people working and looking for jobs.  Of the 2.9 million new jobs recorded by the survey of households last year, 1.4 million jobs were taken by people 55 and over. And in December 39.2% of Americans in that age group were working, the largest portion since 1961, according to the monthly employment report released on Friday.  Among the factors behind the numbers: Older people want to work longer. The low 3% unemployment rate provides them more opportunities as businesses struggle to find qualified job candidates. And lots of workers are simply aging into the 55-and-older bracket while many prime age-Americans remain sidelined. It’s not that baby boomers aren’t also retiring in droves. An estimated 10,000 a day are calling it quits. It’s just that the group is so large that enough are staying in, or returning to, the workforce to provide a welcome labor supply in a tight market. Source: USA Today 1/9/19

Supreme Court to hear case whether Title VII claim must first be filed with EEOC:  The U.S. Supreme Court agreed to consider whether federal courts can hear a workplace bias claim even if the worker making it didn't complain to the U.S. Equal Employment Opportunity Commission before suing, agreeing to review a Fifth Circuit ruling that revived a Texas worker's religious bias suit. This case gives the court a chance to resolve a deep circuit split over whether the requirement that workers file discrimination charges with the EEOC before bringing suit under Title VII of the Civil Rights Act is jurisdictional or simply a claim-processing rule.  If it's ruled jurisdictional, courts would be unable to hear cases not grounded in an EEOC charge. If it's ruled a claim-processing rule, courts could hear cases without an underlying charge, but the named employer could escape the suit by timely claiming that its accuser didn't exhaust the requirement that he or she complain to the EEOC.  EEOC has said exhaustion of administrative remedies is not a jurisdictional prerequisite to suit.  Source:  Law360 1/11/19

Free education; pay later: Student debt reached a new height last year according to the National Center for Education Statistics. Now, Silicon Valley is backing a novel idea that proposes to rewrite the economics of getting an education.  The concept is deceptively simple: Instead of charging students tuition — which often requires them to take out thousands of dollars in loans — students go to school for free and are required to pay back a percentage of their income after graduation, but only if they get a job with a good salary. The idea is known as an Income Share Agreement, or I.S.A.  One school, Lambda is doing this now. Students pay nothing but are required to pay 17% of their salary to Lambda for two years if they get a job that pays more than $50,000 upon graduation. If they don’t get a job, or their salary is lower, they pay nothing. Payments are capped at $30,000. Whether this model can — or should — be applied to the larger education system remains an open question. Critics have argued this approach is a form of indentured servitude. Source: NYTimes 1/8/19

More money or promotion?  According to a December 2018 survey conducted by Korn Ferry, 45% of professionals said they would prefer a promotion with no raise, with 55% saying they would prefer a raise with no promotion.  Unfortunately, according to the survey, many organizations are not doing an adequate job of creating clear advancement opportunities for professionals. Nearly two-thirds (61%) of respondents who did not get a promotion within the last 12 months cited “bottleneck or nowhere to go” as the main reason. 17% said “office politics” got in their way of moving up the ladder. Half (50%) of respondents said they will not ask for a promotion this year. Of those respondents, nearly a third (28%) admitted they are not ready for a promotion, and 15% said they are afraid and don’t know how to ask. If they were passed over for a promotion, nearly one-third (31%) said they’d be on the job hunt, either immediately or as a passive job seeker.  In terms of timing for promotions, 44% said they thought it was appropriate to be promoted after 2-3 years on the job. About a quarter (24%) said they should get a promotion after 1-2 years in a role, and 7% felt they should be promoted even if they’ve been on the job for a year or less.  Source:  CCH 1/16/18

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