Last week was a fairly newsworthy week at the Office of Federal Contract Compliance Programs (OFCCP). For federal contractors who long had to deal with the secrecy and “gotcha” attitude of the prior administration, the new administration is a sigh of relief.
Calculating time worked for non-exempt employees who travel for their job is a challenge for many employers. On April 12, the U.S. Department of Labor Wage and Hour Division issued an opinion letter that tackles this question.
Since 2012, McDonald’s Corporation and the NLRB have been embroiled in the question of what joint employment is. The question is over whether the McDonald’s Corporation as a franchisor could be held responsible for allegedly wrongful employment practices of its franchisees.
Last week the U.S. Department of Labor (DOL) announced the rollout of a “new” pilot program called the Payroll Audit Independent Determination (PAID) program. This program offers employers a process to self-report wage and hour violations with the DOL to clear them up without being exposed to as many potential damages and monetary penalties.
Following the leads of the U.S. 2nd Circuit and 7th Circuit Court of Appeals, the 6th Circuit Court of Appeals (which includes Michigan) continues the expansion of the definition of “sex” under Title VII and recognizes that discrimination on the basis of transgender and transitioning status or gender identity is discrimination on the basis of sex.
In a case decided Monday by the U.S. 2nd Circuit Court of Appeals, the full court in an en banc hearing definitively decided that Title VII of the Civil Rights Act of 1964 covers sexual orientation as a protected class. What makes this case extremely interesting is that the EEOC and U.S. Department of Justice both filed briefs taking diametrically opposing positions.
Most federal gender pay discrimination cases are brought under Title VII of the Civil Rights Act of 1964. The other applicable law that was intended to address pay discrimination, the federal Equal Pay Act (EPA), was enacted before Title VII and was more narrow-focused.
Since the passage of the Affordable Care Act (ACA), the requirements of the ACA have profoundly impacted small employer plans (under 50 employees) by raising costs at a faster rate than large employer plans.
Now that the tax law was passed and signed by President Trump, it has many implications for HR. The new law has mixed-results for HR programs.
Employers who use Facebook job ads to help with their recruiting practices need to be cautious in how they use this approach to reach applicants. A recent federal court lawsuit filed in San Francisco charges 13 companies including Amazon, T-Mobile, and Cox Communications, Inc. with using Facebook’s ad targeting tools to exclude older Americans from job opportunities.
Surprising all pundits including ASE, the National Labor Relations Board (NLRB or Board) came out with three decisions last week that were not expected until 2018.
Despite decades of experience trying to address sexual harassment in the workplace, the recent wave of workplace harassment complaints all over the media have put employers back on their heels. Supervisors and managers must know how to respond to a situation of harassment as well as the complaint.
Victor Park West
19575 Victor Parkway, Suite 100
Livonia, MI 48152