Supreme Return. The Supreme Court of the United States kicked off its 2019 term this week with a few blockbuster oral arguments. On October 9, 2019, the Court heard oral argument in three cases concerning whether gender...more
10/14/2019
/ Administrative Procedure Act ,
Comment Period ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Gender Identity ,
National Park Service ,
National Parks ,
New Guidance ,
NLRB ,
OSHRC ,
Pay Data ,
Reporting Requirements ,
Sex Discrimination ,
Sexual Orientation ,
Title VII ,
Union Elections ,
USCIS ,
Wage and Hour
Soft Deadline for Wage/Hour Data Submission? September 30, 2019, was the deadline for employers to submit EEO-1 Component 2 wage and hour data for 2017 and 2018. Or was it?...more
10/7/2019
/ Department of Labor (DOL) ,
Disability ,
EEO-1 ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Multiple Employer Plan (MEP) ,
OFCCP ,
OIRA ,
OSHA ,
Pay Gap ,
Presidential Nominations
They’re Baaaack. Congress is back in session this week, and my commute once again came to a grinding halt. With roughly three months of scheduled work in D.C. before the end of the year, members in both the U.S. House of...more
9/13/2019
/ Arbitration Agreements ,
EEO-1 ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
NLRA ,
NLRB ,
OIRA ,
Reporting Requirements ,
Unions ,
Wage and Hour
EEO-1 on Appeal. Earlier this week, the U.S. Department of Justice (DOJ) filed its appeal of the March 4, 2019, district court decision that reinstituted the 2016 EEO-1 wage and hour reporting scheme. The DOJ argued to the...more
8/23/2019
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
NLRA ,
OIRA ,
Rulemaking Process ,
SEIU ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Unions ,
Wage and Hour
Acosta Exits, Scalia Enters. July 19, 2019, was Alexander Acosta’s last day as secretary of labor. Acosta was sworn in on April 28, 2017, and proceeded to lead the U.S. Department of Labor (DOL) for over two years. Acosta’s...more
This month marks the 55th anniversary of the Civil Rights Act of 1964. This monumental legislation, which was signed into law by President Lyndon B. Johnson on July 2, 1964, changed the course of history with its sweeping ban...more
7/16/2019
/ Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Labor Regulations ,
LGBTQ ,
New Legislation ,
Quorum ,
Reasonable Accommodation ,
Regulatory Agenda ,
Reporting Requirements ,
Salary/Wage History ,
Service Animals ,
State and Local Government ,
State Labor Laws ,
USCIS ,
Wage and Hour
A recent Supreme Court case determined that private commercial and financial information that is transmitted to the federal government under an assurance of privacy is considered “confidential” and not subject to disclosure...more
7/9/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
EEO-1 ,
Exemptions ,
FOIA ,
OFCCP ,
Protected Disclosures ,
SCOTUS ,
SNAP Program ,
Trade Secrets ,
USDA
EEO-1 Appeal. Late last week, the U.S. Department of Justice filed an appeal in the case that restarted the Equal Employment Opportunity Commission’s (EEOC) 2016 EEO-1 wage reporting scheme. The government appealed both the...more
5/13/2019
/ Administrative Procedure Act ,
Appeals ,
Congressional Committees ,
Department of Justice (DOJ) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Funding ,
H-2B ,
NLRB ,
Pay Data ,
Unions ,
Visa Caps ,
Visas
Congress: Looking Ahead. Congress is wrapping up a two-week recess and will return to Washington, D.C., on April 29, 2019. This will begin a five-week legislative stretch that will keep both chambers in session until Memorial...more
EEO-1 Update. Like an army of frozen zombies descending on the North, the EEO-1 wage collection matter will not die, and its arrival is becoming more imminent with each passing day. On April 16, 2019, the U.S. District Court...more
4/22/2019
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Congressional Review Act ,
Data Collection ,
EEO-1 ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
H-1B ,
Hiring & Firing ,
Memorandum of Guidance ,
NLRA ,
NLRB ,
OFCCP ,
OMB ,
Protected Concerted Activity ,
Recordkeeping Requirements ,
Regulatory Authority ,
Reporting Requirements ,
Rest and Meal Break ,
Section 7 ,
USCIS ,
Wage and Hour
Stanton Confirmed as WHD Administrator. On April 10, 2019, the U.S. Senate voted to confirm Cheryl Stanton as wage and hour administrator. Stanton, who was originally nominated in September 2017, takes the helm of the U.S....more
4/15/2019
/ Anti-Harassment Policies ,
Department of Labor (DOL) ,
EEO-1 ,
Enforcement Statistics ,
Equal Employment Opportunity Commission (EEOC) ,
Equality Act ,
Foreign Nationals ,
Joint Employers ,
Legislative Agendas ,
Over-Time ,
Proposed Legislation ,
Rate of Pay ,
Senate Confirmation Hearings ,
Sexual Harassment ,
USCIS ,
Visa Caps ,
Wage and Hour
NLRB Returns to Traditional Independent Contractor Standard -
On January 25, 2019, in SuperShuttle DFW, Inc., the National Labor Relations Board (NLRB) returned to its traditional independent contractor standard based on the...more
4/15/2019
/ EEO-1 ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
H-1B ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Over-Time ,
Pay Gap ,
Recordkeeping Requirements ,
State and Local Government ,
State Labor Laws ,
Telecommuting ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules ,
Workplace Safety
Gentlemen, You Can’t Fight in Here! This Is the War Room! On April 3, 2019, for the third time in six years, the U.S. Senate went “nuclear” and changed its rules regarding filibustering of presidential nominees. This time,...more
4/8/2019
/ Association Health Plans ,
Congressional Investigations & Hearings ,
Decertification ,
Department of Labor (DOL) ,
EBSA ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
FOIA ,
Joint Employers ,
Opinion Letter ,
OSHA ,
Railways ,
Senate Confirmation Hearings ,
Unions
EEO-1 Developments. Kiosha H. Dickey has the details on some developments regarding litigation over the U.S. Equal Employment Opportunity Commission’s (EEOC) EEO-1 form. Even with the recent decision to lift the stay of the...more
3/25/2019
/ EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
H-1B ,
NLRB ,
Non-Compete Agreements ,
Notice Requirements ,
OMB ,
Pensions ,
Public Comment ,
Rulemaking Process ,
Unions
It was a busy week in Washington, D.C., marked by the resuscitation of two major employment policy debates from 2016. Here is your Beltway Buzz....more
3/11/2019
/ Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
H-4 Spouses ,
Minimum Salary ,
OFCCP ,
OIRA ,
OSHRC ,
Over-Time ,
TRICARE ,
Wage and Hour ,
White-Collar Exemptions
Pearce Withdraws. The Buzz has written extensively about the end of former National Labor Relations Board (NLRB) member Mark Gaston Pearce’s term in August 2018, his subsequent renomination just days letter, and the...more
Agencies Propose HRA Expansion. On October 23, 2018, the U.S. Department of the Treasury, U.S. Department of Health and Human Services, and U.S. Department of Labor issued a proposed regulation to expand the use of health...more
10/29/2018
/ Anti-Harassment Policies ,
Congressional Committees ,
EEO-1 ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Harassment ,
Health Insurance ,
Justice O'Connor ,
OFCCP ,
OIRA ,
Pay Data ,
Proposed Regulation ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs)
Always a Bridesmaid... Well, the Buzz waited patiently for an important call on Monday night, but we were passed over (again). Instead, President Trump nominated Brett Kavanaugh—currently a judge on the U.S. Court of Appeals...more
Labor Secretary’s Year in Review. Secretary of Labor Alex Acosta was sworn in approximately one year ago this week (on April 28, 2017). Now that he has survived one year as secretary of labor, the Buzz thinks it is an...more
EEO-1 Extended. The Equal Employment Opportunity Commission (EEOC) has extended, until June 1, 2018, the deadline for covered employers to file EEO-1 forms. The previous deadline was March 31, 2018....more
Tax Bill or Health Bill? It’s Two Bills in One! Caught in a legislative black hole, the Affordable Care Act (ACA) cannot escape efforts to eradicate it—or at least large chunks of it. ...more
11/20/2017
/ Administrative Procedure Act ,
Affordable Care Act ,
Coal Mines ,
DACA ,
Department of Homeland Security (DHS) ,
Dodd-Frank ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Compensation ,
Individual Mandate ,
OMB ,
Presidential Nominations ,
Proposed Legislation ,
Repeal ,
Reporting Requirements ,
Secretary of Labor ,
Tax Reform ,
Trump Administration ,
Unions
“Zombie” ACA Repeal-and-Replace Effort Suddenly Resuscitated. Opponents of Affordable Care Act (ACA) repeal-and-replace efforts no doubt forgot the vitally important “double tap” rule, and now the zombie legislative effort is...more
9/25/2017
/ Affordable Care Act ,
EEO-1 ,
FOIA ,
H-1B ,
Health Insurance ,
Legislative Agendas ,
NLRB ,
OFCCP ,
OMB ,
OSHA ,
Repeal ,
Silica
He Said, They Said. Over a Wednesday night dinner consisting of the unusual combination of Chinese food and chocolate pie, President Trump and Democratic congressional leaders Charles Schumer (D-NY) and Nancy Pelosi (D-CA)...more
9/18/2017
/ Administrative Procedure Act ,
Affordable Care Act ,
Congressional Committees ,
DACA ,
E-Verify ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Immigration Reform ,
Joint Employers ,
Legislative Agendas ,
Proposed Legislation ,
Trump Administration ,
University of California
2016 Overtime Rules Invalidated. U.S. District Court invalidates 2016 changes to overtime rules. Steven F. Pockrass has the details here....more
9/1/2017
/ Affordable Care Act ,
Beryllium Exposure ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Fiduciary Rule ,
Joint Employers ,
OMB ,
Opinion Letter ,
OSHA ,
Pay Equity Laws ,
Persuader Rules ,
Reporting Requirements ,
Unions ,
Volks Rule ,
Wage and Hour
EEO-1 News . . . Maybe. Rumors are rampant that the White House’s Office of Management and Budget (OMB) may soon take action on the Equal Employment Opportunity Commission’s (EEOC) changes to its EEO-1 form, which will...more
8/21/2017
/ Affordable Care Act ,
Arbitration ,
Department of Labor (DOL) ,
EEO-1 ,
Electronic Filing ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Health Insurance ,
OFCCP ,
OMB ,
OSHA ,
Persuader Rules ,
Reporting Requirements ,
Special Meetings ,
Subsidies