Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Affirmative Action

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New OFCCP Scheduling Letter: Everything you say may be used against you.

Posted in Affirmative Action
And you don’t have the right to remain silent. On July 1 the federal Office of Management and Budget published the OFCCP’s revised Scheduling Letter and Itemized Listing that is issued to federal contractors to begin the compliance review process. The revised Scheduling Letter and Itemized Listing is here. The majority of the changes to the… Continue Reading

Labor complaints to be reported to federal database of “bad” employers

Posted in Affirmative Action, Labor Relations, Settlements
To assist federal contractors in their compliance with the Fair Pay and Safe Workplaces Executive Order – which to date still has no final implementing regulations – the National Labor Relations Board has graciously offered to ensure that all unfair labor practice complaints involving federal contractors will be added to a federal database of “problem”… Continue Reading

Norfolk Southern unit agrees to pay OFCCP $492K for alleged race bias in hiring

Posted in Affirmative Action, Discrimination, Settlements
Do you need a reason to monitor your hiring and keep good records? Here’s one. Alleging race discrimination in the hiring process, the Office of Federal Contract Compliance Programs has settled with a unit of Norfolk Southern for $492,000. The OFCCP claimed that there were statistically significant differences in the hiring rates of whites and African-Americans into laborer… Continue Reading

Applicant tracking and the EEOC: “You can SUE us for that?”

Posted in Affirmative Action, Background Checks, Discrimination
Did you realize that the Equal Employment Opportunity Commission can sue you just for (allegedly) lousy recordkeeping? No discrimination, no harassment, no retaliation — just (alleged) failure to keep adequate records. Well, it’s true. Back in 2010, the agency was investigating whether Crothall Services Group’s use of criminal background checks and criminal history in making… Continue Reading

Your summer labor and employment reading list — for this week, anyway

Posted in Affirmative Action, Discrimination, FOCUS, Gender Identity Discrimination, Labor Relations, Pregnancy
I was on vacation last week, and so we have a lot of catching up to do. Here’s what’s been going on, from most to least recent: *David Phippen has been keeping us up to date on the U.S. Department of Labor’s Persuader Rule and what that will mean for employers. On Wednesday, a federal judge in… Continue Reading

BREAKING: DOL releases proposed rule on paid sick leave for employees of federal contractors

Posted in Affirmative Action
UPDATE (2/26/16): Cara Crotty‘s full analysis of the proposed rule — plus video! — is here. Read Cara instead of me. The U.S. Department of Labor released today a proposed rule that would require federal contractors to provide at least seven paid sick days per year to their employees. The leave could be used for the… Continue Reading

REMINDER: OFCCP pay transparency rule takes effect Monday!

Posted in Affirmative Action
The OFCCP’s Final Rule prohibiting federal contractors from discriminating against employees and applicants who ask about or discuss compensation goes into effect this Monday, January 11. The Rule applies to contracts entered into or modified on or after the effective date. Contracts are considered “modified” if there is any alteration in their terms and conditions, including… Continue Reading

A lesson from Twitter sex-bias lawsuit: Post those jobs!

Posted in Affirmative Action, Class actions, Discrimination
Should an employer post high-level vacancies? Do Twitter birds fly? Shortly before Ellen Pao lost started a “conversation” about sex discrimination in the tech industry, yet another lawsuit was filed alleging sex discrimination in the tech industry. In the latest one, software engineer Tina Huang has sued Twitter in California on behalf of herself and other female… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading

5 legal traps for the wariest employer

Posted in Affirmative Action, Americans with Disabilities Act, Employment at Will, Family and Medical Leave Act, Gender Identity Discrimination, Harassment, Protected Concerted Activity, Retaliation, Wage-Hour
You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers:… Continue Reading

Happy Turkey Day from the OFCCP! (not)

Posted in Affirmative Action
This post is by Cara Crotty, co-chair of Constangy’s Strategic Affirmative Action Practice Group.   Once again, the Office of Federal Contract Compliance Programs will ruin the holidays for thousands of federal contractors. The OFCCP announced last week that it plans to issue Courtesy Scheduling Announcement Letters, or CSALs, to 2,500 federal contractor establishments. CSALs… Continue Reading

BREAKING: OFCCP issues directive on gender-identity discrimination

Posted in Affirmative Action, Discrimination
The Office of Federal Contract Compliance Programs has issued a new directive on gender-identity discrimination, consistent with President Obama’s recent amendment to Executive Order 11246. In essence, the directive says that discrimination based on gender identity is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, a position… Continue Reading

Obama signs LGBT discrimination, affirmative action order

Posted in Affirmative Action
This morning President Obama signed an Executive Order amending the 1965 Executive Order 11246. President Obama’s EO prohibits discrimination and requires affirmative action by federal contractors based on sexual orientation and gender identity. (It isn’t clear what the affirmative action obligation will mean.) The President’s EO also makes corresponding amendments to Executive Order 11478, which pertains to the… Continue Reading

Happy *hic* New Year! 2011 labor and employment law year in review

Posted in Affirmative Action, Americans with Disabilities Act, Class actions, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Independent Contractor, Labor Relations, Protected Concerted Activity, Retaliation, Social media, Wage-Hour
Here is a whimsical and moderately amusing catalog of the major employment and labor law developments from 2011. (I just heard that the world really isn't going to end on 12/21/12. What's with that? You mean we have to do this again next year?)… Continue Reading

Employers, don’t be too quick to take that IRS “independent contractor” deal

Posted in Affirmative Action, Independent Contractor, Safety, Wage-Hour
You know the old saying, "If it seems too good to be true, it probably is"? This may be the case with the new "sweet deal" the Internal Revenue Service is offering to employers who agree to reclassify their "independent contractors" [sic] as "employees" in exchange for some admittedly generous tax breaks.… Continue Reading