It’s Benefit Season – What Are You Doing for Your Newer Workforce?

27 October 2020

It’s Benefit Season – What Are You Doing for Your Newer Workforce?

Author: Anthony Kaylin

With benefit season upon us, many organizations still cling to the one size fits all baby boomer type benefits.   But the question is why?  For older workers, retirement is on the near horizon and their focus is on financial planning and healthcare for retirement. The next generation, their focus is on education and savings for retirement.  529 plans are good, but 401(K)s and HSAs are highly valuable. And what are employers doing for the younger generation, who holds the...
If There is Sexual Harassment, There is Also Retaliation

20 October 2020

If There is Sexual Harassment, There is Also Retaliation

Author: Anthony Kaylin

In a recent survey by Time’s Up and the National Women’s Law Center, seven in 10 people (72%) who report sexual harassment faced some form of retaliation, including termination, lawsuits for defamation, and denied promotions.  The report is based on 3,317 requests for legal help submitted to Time's Up between January 1, 2018, and April 30, 2020.  In addition, one-third of workers (36%) said they experienced physical harassment, sexual assault, or rape. About 1 in 5 (18%)...
H-1B Program Experiencing Major Changes

13 October 2020

H-1B Program Experiencing Major Changes

Author: Anthony Kaylin

Earlier this year, the administration had an executive order which limited the number of H-1Bs for the remainder of the calendar year.  On October 6, 2020, the Department of Labor and Department of Homeland Security jointly announced an interim final rule (IFR) that would reform the prevailing wage calculation used by DOL in its foreign worker programs.   The rule was published in the Federal Register October 8th.
What the Future Holds: Pay Reporting to Every State

6 October 2020

What the Future Holds: Pay Reporting to Every State

Author: Anthony Kaylin

On September 30, California’s Governor Newsom signed into law a requirement that California employers would report on pay and hours worked data. The new law requires covered employers to submit their first report, covering 2020 data, by March 31, 2021.  The reporting is similar to the EEO-1 component 2 reporting that was required of all EEO-1 filers and reported on for years 2017 and 2018 in March 2019. 

OFCCP Experiences Major Loss in Oracle Audit Case

6 October 2020

OFCCP Experiences Major Loss in Oracle Audit Case

Author: Anthony Kaylin

In 2014 the Office of Federal Contract Compliance Programs (OFCCP) initiated an audit of Oracle headquarters.  As the audit progressed, OFCCP contended that Oracle violated Executive Order 11246 by having discriminatory pay practices.  On March 11, 2016 OFCCP issued a Notice of Violation against Oracle which led a Show Cause Order on June 8, 2016.   OFCCP filed a lawsuit with the Office of Administrative Law Judges on January 17, 2017 after conciliation efforts broke...
New Executive Order Targets Diversity Training

29 September 2020

New Executive Order Targets Diversity Training

Author: Anthony Kaylin

On September 22, 2020, President Trump issued an Executive Order (EO) titled “Executive Order on Combating Race and Sex Stereotyping.”  The EO arose because various federal agencies had a private diversity-consulting firm conduct a training session last June titled “Difficult Conversations About Race in Troubling Times.”

Is Diversity a Serious Goal for Organizations?

22 September 2020

Is Diversity a Serious Goal for Organizations?

Author: Anthony Kaylin

Given all the events in the past few months, diversity has been a focus for many organizations.  More specifically, there have been a number of pledges to have greater diversity.  Jaime Dimon, the CEO of JPMorgan Chase, took a knee with employees to protest racial injustice in law enforcement.  There have also been a number of marketing changes by organizations to promote the diversity theme.

When Does Computer Fraud Rise to an Opportunity to Stop Rogue Employees?

15 September 2020

When Does Computer Fraud Rise to an Opportunity to Stop Rogue Employees?

Author: Anthony Kaylin

When employees, especially sales people, have access to various electronic devices, databases, and documents from an organization, at what point does a company have a right under the federal Computer Fraud and Abuse Act (CFAA) to bring a case against an exiting employee for computer fraud? 

Discrimination Cases May Be Easier to Prove Because of the LGBTQ Supreme Court Decision

8 September 2020

Discrimination Cases May Be Easier to Prove Because of the LGBTQ Supreme Court Decision

Author: Anthony Kaylin

The Bostock decision on LGBTQ rights under Title VII of the 1964 Civil Rights Act was a civil rights victory long coming.  From the American perception of same sex marriage to LGBTQ rights, the country took a mighty swing to a new direction since the 1990s when the Defense of Marriage Act was enacted by Congress under the Clinton Administration.  The decision itself was groundbreaking in that it was a 6-3 decision with two of the “conservative” justices voting with the...
Update on FFCRA and School Openings

1 September 2020

Update on FFCRA and School Openings

Author: Anthony Kaylin

The U.S. Department of Labor issued three new FAQs concerning when FFCRA applies to school openings this fall.  Previously, the DOL covered school closings in March, and there was much uncertainty as to how school openings would be treated under the FFCRA.  

Can Employers Require Employees to be Vaccinated for COVID-19 Before Returning to Work?

25 August 2020

Can Employers Require Employees to be Vaccinated for COVID-19 Before Returning to Work?

Author: Anthony Kaylin

The short answer is yes.  The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Equal Employment Opportunity Commission (EEOC) both support this position.  

Cancel Culture in the Workplace

18 August 2020

Cancel Culture in the Workplace

Author: Anthony Kaylin

The “cancel culture” is not a new phenomenon, but a movement that has grown greatly over time. Per dictionary.com, cancel culture refers to the popular practice of withdrawing support for (canceling) public figures and companies after they have done or said something considered objectionable or offensive. Cancel culture is generally discussed as being performed on social media in the form of group shaming – think of the twitter mobs. 

Changes to FFCRA Employers Need to be Aware Of

11 August 2020

Changes to FFCRA Employers Need to be Aware Of

Author: Anthony Kaylin

The FFCRA applies to U.S. employers with fewer than 500 employees.   Last week a district federal court in New York overturned some provisions of the interim FFCRA rules.  These interim rules for the FFCRA were written quickly, within two weeks of the law.  However, these rules have a shelf life of 12/31/20, but given the uncertainty of the COVID-19 vaccinations, it may be extended into another year.  In the meantime, employers that are covered under these rules need...
What is the Role of HR?

4 August 2020

What is the Role of HR?

Author: Anthony Kaylin

It is generally thought of that HR is on the side of management, although at times they will mediate between management and employees.  However, what are the rights of an employer when an HR employee assists an employee with the filing of an EEOC charge against the employer?

Watch Out!  A Byproduct of COVID-19 is Union Agitating

28 July 2020

Watch Out! A Byproduct of COVID-19 is Union Agitating

Author: Anthony Kaylin

As the COVID-19 pandemic continues and grows, worker concerns about safety, job security, and transparency on workplace issues have become forefront.  For example, Amazon has fired warehouse employees who protested the company's working conditions and COVID-19 mitigation measures.  Although Amazon stated it fired these employees for performance issues and violation of mitigation requirements within the warehouse, these firings are close to crossing the line for violations of the...
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