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From the category archives: GA - Employment

“Charging Parties” Gain Access to EEOC Discrimination Investigation Docs

On Feb. 18, the U.S. Equal Employment Opportunity Commission (EEOC) announced new procedures  that give a charging party access to a respondent’s position statement and supporting documents in the course of an employment discrimination investigation.  Under these procedures, the charging party or the party’s representative may request to view the respondent’s position statement and its supporting attachments if they were filed in response to an EEOC demand made on or after Jan. 1, 2016.  Once the EEOC releases the statement, the charging party will have twenty days to file a response; however, this response will not be available to the respondent.   Read the rest of entry »

Federal Contractor Alert: DOL Releases Proposed Rule on Paid Sick Leave

On Feb. 25, 2016, the U.S. Department of Labor (DOL), Wage and Hour Division released a proposed rule to implement Executive Order 13706 requiring certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care. ABC’s General Counsel Littler Mendelson, P.C prepared an in-depth analysis of the DOL proposal, which can be read here.  Read the rest of entry »

ABC Urges House Appropriators to Roll Back Job-Killing Regulations

On Feb. 17, ABC sent a letter to the U.S. House of Representatives Committee on Appropriations Subcommittee on Health and Human Services, Education, and Related Agencies Chairman Tom Cole (R-Okla.) and Ranking Member Rosa DeLauro (D-Conn.) expressing concern over several regulations issued by the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). 
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DOL Releases Guidance Defining Joint Employment

On Jan. 20, the U.S. Department of Labor (DOL), Wage and Hour Division Administrator David Weil released a detailed Administrator’s Interpretation (AI) and related guidance on the definition of joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).  The new DOL guidance comes on the heels of recent, controversial expansion of the joint employer definition by the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA). According to the new DOL guidance, joint employment occurs “when an employee is employed by two (or more) employers such that the employers are responsible, both individually and jointly, to the employee for compliance with a statute.”  In keeping with this broad definition, the AI provides multifactor tests to assist with the identification of horizontal and vertical joint employment, its two most common forms. The AI also gives examples of several industries, including construction, in which joint employment is likely to arise (e.g., workers who work for a sub-contractor and possibly a general contractor). 

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EEOC Proposes to Collect Pay Data on EE0-1

On Jan. 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced a proposed rule expanding the data that is collected from certain employers on the Employer Information Report (EEO-1). Currently, certain federal contractors with 50-99 employees and private employers with more than 100 employees must report annually the number of individuals they employ by job category and race, ethnicity, and sex on the EEO-1. Under the proposed rule federal contractors and private employers with 100 or more employees would have to report pay data and hours worked on the EEO-1 in addition to the current reporting requirements, beginning on Sept. 30, 2017. Employers would report this information using 12 “pay bands” determined by the EEOC. Read the rest of entry »

ABC Submits Comments on Proposed DOL Apprenticeship Rule

On Jan. 20, ABC submitted comments in response to the U.S. Department of Labor’s Employment and Training Administration proposed rule which seeks to update the equal opportunity regulations that implement the National Apprenticeship Act of 1937 by amending 29 CFR Part 30. Current regulations prohibit discrimination in registered apprenticeship programs on the basis of race, color, religion, national origin, and sex. The proposed rule updates the equal opportunity standards to include age (40 or older), genetic information, sexual orientation and disability among the protected base that cannot be discriminated against. The proposal also requires sponsors to take affirmative action to provide equal opportunity in the registered apprenticeship programs. Read the rest of entry »

White House Issues Paid Sick Leave Executive Order Targeting Federal Contractors

At a Labor Day rally before union members in Boston on Sept. 7, President Obama unveiled a new executive order requiring federal contractors to offer employees up to seven days of paid sick leave. Read the rest of entry »

NLRB Allows Use of Corporate Email Systems for Union Organizing

The National Labor Relations Board (NLRB) issued a 3-2 split decision along party lines Dec. 11, stating that employees are permitted, except in very limited circumstances, to use corporate email systems during non-work time for union organizing (Section 7 activities). The Board’s decision overturns the 2007 decision in Register Guard. 
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Persuader Rule and Overtime Requirements Top the DOL’s Regulatory Agenda

In addition to the OSHA and federal contracting regulations, the latest regulatory agenda, released Nov. 21, outlines the Department of Labor’s (DOL) plan to move forward with the controversial persuader rule and overtime requirements among other important rules affecting the construction industry.
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Blacklisting Executive Order Meets Opposition from ABC at White House Meeting

ABC strongly opposed a new executive order (EO) that will harm federal contractors, taxpayers and government procurement officials at an Oct. 13, 2014, White House listening session with major employer association representatives, businesses and Obama administration officials.
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