In response to pressure from Congress, OFCCP has extended the deadline for contractors to object to disclosure of EEO-1 reports and opened the door for new objections....more
Under legislation signed into law last week, New York employers cannot assess points, deduct time from a time bank, or otherwise penalize an employee for using a legally protected absence. The law takes effect February 20,...more
In Short -
The Situation: The national trend toward pay equity is gaining momentum, leading to transformative changes for employers. A growing list of states and local jurisdictions are enacting pay transparency laws,...more
On March 15, 2022, to coincide with this year's "Equal Pay Day," the OFCCP issued a new Directive on pay equity audits. Its stated purpose is to "provide guidance on how OFCCP will evaluate federal contractors' compliance...more
4/15/2022
/ Biden Administration ,
Compensation & Benefits ,
Employer Liability Issues ,
Equal Pay ,
Federal Contractors ,
Labor Reform ,
New Guidance ,
OFCCP ,
Pay Equity Laws ,
Pay Transparency ,
Wage and Hour
The Situation: A district court in the Fifth Circuit granted conditional certification under the Fair Labor Standards Act ("FLSA") to a class of allegedly misclassified truck drivers, analyzing certification using the widely...more
The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more
9/30/2020
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Proposed Rules ,
Wage and Hour
The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more
9/17/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Rules ,
Rulemaking Process ,
Wage and Hour
A Department of Labor rule provides that payments other than fixed salary are compatible with the fluctuating workweek method of calculating overtime pay under the FLSA.
The Department of Labor's Final Rule, which took...more
New York City's Freelance Isn't Free Act ("Act") took effect on May 15, 2017, and applies to any freelance contracts or agreements entered into on or after that date. The Act requires all agreements for freelance work of a...more