Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Cara Crotty”

Are your federal contractor employees required to have privacy training?

Posted in Affirmative Action
The Federal Acquisition Regulations were recently updated to include a requirement that certain federal contractors provide privacy training to some of their employees. The training obligation does not apply to all employees of contractors who are subject to the requirement, and the requirement does not apply to all federal contractors. Effective January 19, 2017, contracting officers should be… Continue Reading

Recent OFCCP settlements remind contractors about importance of recordkeeping

Posted in Affirmative Action
Within the past month, the Office of Federal Contract Compliance Programs has announced two settlements and filed one administrative complaint involving alleged discrimination in the hiring process. Southern Glazer’s Wine and Spirits of Louisiana, LLC, has agreed to pay $175,000 to settle allegations that it discriminated against black applicants for warehouse positions. Hormel Foods Corp. will… Continue Reading

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… Continue Reading

DOL’s new online tool may result in more OFCCP complaints

Posted in Affirmative Action, Discrimination, Labor Relations, Retaliation, Safety, Wage-Hour
The U.S. Department of Labor recently rolled out www.worker.gov, an online tool designed to help employees file various types of complaints against their employers. The White House announced that the website will assist individuals “if they have had wages stolen, been injured on the job, faced discrimination, or been retaliated against for joining together to… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Class actions, ConstangyTV, Elections, Equal Pay, FOCUS, Gender Identity Discrimination, Labor Relations, Protected Concerted Activity, Safety, Sexual Orientation, Wage-Hour, Work-Life Balance
Effect of Election 2016 on labor and employment law. We asked our practice group heads and some thought leaders to tell us how they think employers will be affected by a Trump Administration on specific labor and employment law issues. This client bulletin is packed with prognostication about what we may see in the areas of affirmative action and… Continue Reading

Will President-Elect Trump take some pressure off federal contractors?

Posted in Affirmative Action
For the past eight years, as President Obama was unable to push much of his legislative agenda through Congress, federal contractors have faced an onslaught of increasing regulatory burdens and an aggressive enforcement agency. Will the positions of the Office of Federal Contract Compliance Programs soften under a Trump Administration? Here are my predictions. Fair… Continue Reading

ConstangyTV is on the air!

Posted in Affirmative Action, Constangy News, ConstangyTV, Discrimination, Equal Pay, Gender Identity Discrimination, Pregnancy, Sexual Orientation
I am delighted to announce the launch of ConstangyTV’s Close-Up on Workplace Law, a new video series on labor and employment law issues. We’ll be offering these videos on a monthly basis, in addition to our newsletters and blog posts. Our debut is about the evolving definition of sex discrimination under federal law. Host Leigh Tyson, a… Continue Reading

Weekly catch-up

Posted in Affirmative Action, FOCUS, Labor Relations, Work-Life Balance
There is great rejoicing among federal contractors since a federal judge in Texas has preliminarily blocked the “Fair Pay and Safe Workplaces” rules from going into effect. Absent the court’s action, the rules would have taken effect for the largest contractors this past Tuesday, and for some smaller ones in 2017. The case is far from over, but this… Continue Reading

Employer groups try to block “Fair Pay and Safe Workplaces” rule. Will they beat the deadline?

Posted in Affirmative Action
UPDATE (10/25/16): They did, they did! Judge Marcia Crone has issued a preliminary injunction against the Rule, which blocks it from going into effect. She agreed with the plaintiffs on just about every point (although she declined to block the paycheck transparency provisions). Here is a copy of the Order. Many federal contractors are on the verge… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Reference
The Equal Employment Opportunity Commission announced last week that it would indeed require all employers with 100 or more employees to file EEO-1 reports that contain compensation data by EEO category, race, ethnicity, and sex. The first compensation reports will be due March 31, 2018, for a “snapshot” period that will run from October 1 through… Continue Reading

BREAKING: DOL releases Final Rule on paid sick leave for employees of federal contractors

Posted in Affirmative Action
The U.S. Department of Labor announced today its Final Rule implementing Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. We are reviewing the Final Rule and will publish an Affirmative Action Alert with more details. In the meantime, here are the highlights from the DOL’s Fact Sheet: *Covered contractors are “nearly identical” to those… Continue Reading

Fair Pay and Safe Workplaces in a nutshell

Posted in Affirmative Action
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Discrimination, ENDA, Gender Identity Discrimination, Sexual Orientation
*The Summer 2016 edition of Preventive Medicine, our health care industry publication, is out, featuring an article by Susan Bassford Wilson on the ever-changing law on LGBT discrimination. We also have the EEOC’s latest LGBT charge-filing statistics, and all the latest employment law news of interest to health care employers since our Spring 2016 edition.… Continue Reading

Notes from the Industry Liaison Group National Conference

Posted in Affirmative Action, Discrimination, Equal Pay, Gender Identity Discrimination, Harassment, Sexual Orientation
The 2016 Industry Liaison Group National Conference was held last week in Charlotte, North Carolina. Sylvia Smith, an Affirmative Action Specialist from our firm’s Atlanta Office, and I had the pleasure and privilege of attending and presenting this year. The headliners, as usual, were Patricia Shiu, Director of the Office of Federal Contract Compliance Programs, and… Continue Reading

3, 2, 1, blastoff! OFCCP Final Rule on sex discrimination is about to take effect

Posted in Affirmative Action, Discrimination, Gender Identity Discrimination, Harassment, Pregnancy
The OFCCP’s Final Rule on sex discrimination will take effect August 15. Are you ready? On June 14, the Office of Federal Contract Compliance Programs issued its Final Rule on sex discrimination. These new substantive regulations align with the latest legal developments and interpretations by the Equal Employment Opportunity Commission. Cara Crotty, the head of… Continue Reading

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

Why shouldn’t supervisors investigate workplace harassment? They’re too normal.

Posted in Harassment
I have recommended on this blog and in harassment training that “operations” people (in other words, people who aren’t in Human Resources or lawyers) avoid the temptation to investigate workplace harassment complaints on their own. A commenter asked me last week why I said this. I thanked her for giving me the inspiration for a blog… Continue Reading