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Disclosure Form Compliance – It Could Save You Thousands!

17 May 2022

Disclosure Form Compliance – It Could Save You Thousands!

Author: Susan Chance

What if you could save your company thousands of dollars, or more, and protect its reputation using one simple form? There is no doubt that anyone in an HR position is overworked, and these days many are understaffed; however, when it comes to the disclosure form for background checks, it is imperative that anyone involved in the process takes the time to ensure they are sending forms to their applicants which are FCRA compliant.

If Roe v Wade is Overturned, Then What?

10 May 2022

If Roe v Wade is Overturned, Then What?

Author: Anthony Kaylin

For many employers, their healthcare benefits include access to pregnancy termination procedures, or abortions.  The right to abortions was decided in a 1973 case called Roe v. Wade. The case was controversial for multiple reasons, but the crux of it is that the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. Before the decision, abortion had been illegal throughout much of the country forcing many women to...
U.S. Department of Labor Focuses on Retaliation

26 April 2022

U.S. Department of Labor Focuses on Retaliation

Author: Michael Burns

Equal employment laws (EEO) have protections against employer retaliation. Retaliation is an adverse employment action an employer takes against an employee who, for example, whistle blows against their employer, makes a claim of discrimination, or even participates in a wrongful employment action investigation against the employer.

Prompt Investigations are Required for Title VII Complaints – Not a “Perfect” Response

26 April 2022

Prompt Investigations are Required for Title VII Complaints – Not a “Perfect” Response

Author: Anthony Kaylin

If a complaint about race or sex discrimination arises, the person bringing the complaint will generally have what they think is the perfect solution.  However, courts are not looking as much at the solution as they are at the steps taken to get to a solution.  Prompt investigation is an important defense to discrimination claims.

Administrative Snafus Lead to Accommodation and Termination Mishaps

19 April 2022

Administrative Snafus Lead to Accommodation and Termination Mishaps

Author: Anthony Kaylin

When using a third-party administrator for leave issues such as FMLA, employers need to ensure proper coordination of their policies with the timing of responses by the third-party administrator.  If not, it could leave the employer liable for either interference of FMLA or ADA violations. 

How Expansive Can the Federal Government Procurement Regulations Be?

12 April 2022

How Expansive Can the Federal Government Procurement Regulations Be?

Author: Anthony Kaylin

Since the 1960’s the federal government’s procurement regulations have been used for the administration’s social policy implementation.  For example, the procurement regulations were used to promote, affirmative action, good compliance actors, anti-human trafficking, and health and safety concerns. 

OFCCP Issues New Directive Knocking Out the Former Transparency Directive

5 April 2022

OFCCP Issues New Directive Knocking Out the Former Transparency Directive

Author: Anthony Kaylin

In a misguided argument for increased efficiency in audit, the OFCCP issued a new directive on March 31, 2022, to rescind the former Transparency Directive (DIR 2018-08) and three others under the previous administration (DIR-2018-06, DIR 2020-02, and DIR 2021-02).  

If ADA Applies, More Time Off May be Necessary When Employee is Coming Off FMLA

29 March 2022

If ADA Applies, More Time Off May be Necessary When Employee is Coming Off FMLA

Author: Anthony Kaylin

Just recently the EEOC settled with a trucking and property management company who terminated an employee after they exhausted their FMLA leave and were unable to return to work.  In the situations before the EEOC, the company terminated one employee with 30 years tenure who needed an additional three weeks off and another employee with 20 years tenure who simply needed an additional week.

Texas Federal District Court Re-establishes Trump DOL Proposed Independent Contractor Regulations

22 March 2022

Texas Federal District Court Re-establishes Trump DOL Proposed Independent Contractor Regulations

Author: Michael Burns

In the continuing tug, pull, shove, and throw around which test is the best to determine independent contractor (IC) status, a federal district court in Texas made a bigger than typical call about which IC test must currently be used by the U.S. Department of Labor (DOL).

When Can Employers Request Recertification of FMLA Leave?

22 March 2022

When Can Employers Request Recertification of FMLA Leave?

Author: Anthony Kaylin

When an employee takes more time than was identified in an FMLA certification, can that trigger the FMLA recertification request?  Under the Department of Labor’s regulations, “[i]f the medical certification indicates that the minimum duration of the condition is more than 30 days, an employer must wait until that minimum duration expires before requesting.  Three exceptions to this rule are specified in the regulations with the one being, if the “[c]ircumstances...
Davis-Bacon Act Regulations to be Updated

15 March 2022

Davis-Bacon Act Regulations to be Updated

Author: Michael Burns

Unless you are a government contractor and also in the construction industry you may not know much about the Davis-Bacon Act that was enacted back in 1931. On Friday the Department of Labor (DOL) announced proposed rulemaking intended to update the Davis-Bacon Act.

OFCCP Issues New Pay Equity Audits Directive

15 March 2022

OFCCP Issues New Pay Equity Audits Directive

Author: Anthony Kaylin

On the Ides of March and Equal Pay Day, OFCCP issued their new pay equity directive (Directive 2022-01). The purpose of the directive is to provide guidance on how OFCCP will evaluate federal contractors’ compliance with pay equity audit obligations and clarify OFCCP’s authority to access and review pay equity audits conducted pursuant to 41 CFR 60-2.17(b)(3). 

Back to Basics in Wage and Hour:  How to Use the Salary Basis Test

8 March 2022

Back to Basics in Wage and Hour: How to Use the Salary Basis Test

Author: Anthony Kaylin

A recent U.S. Fifth Circuit Court of Appeals court case brought up the issue of the salary basis test.  The case concerned an oil rig worker who met the duties test and income minimums of the FLSA executive and highly compensated exemptions.  

Biden’s State of the Union Address Points Out Several Employment Legislative Initiatives

8 March 2022

Biden’s State of the Union Address Points Out Several Employment Legislative Initiatives

Author: Michael Burns

In last week’s State of the Union address by President Biden, in addition to his opening focus on the Russian invasion he pointed out four legislative initiatives that he would like to see moved along in the coming months – probably before the mid-term elections if he had his way.

What Else Did the SCOTUS Stay of OSHA’s ETS Result in for Employers?

18 January 2022

What Else Did the SCOTUS Stay of OSHA’s ETS Result in for Employers?

Author: Michael Burns

Last Thursday the U.S. Supreme Court (SCOTUS) in a 6-3 vote reinstated the stay against the Biden administration’s vaccine-or-testing Emergency Temporary Standard (ETS) for private businesses with at least 100 employees. The employer mandate would have required workers to be vaccinated against COVID-19 or to wear masks and be tested weekly, though employers were not required to pay for the testing.

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