“Another one bites the dust!”

As the Biden administration continues trying to reverse seemingly every action of the predecessor Trump administration – especially those that are perceived as favorable to business – the Office of Federal Contract Compliance Programs (OFCCP) announced last week and published in the Federal Register that it plans to rescind a November 2019 notice regarding EEO-1…

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With an Eye on the Calendar

As we get ready to close out the summer months, there are a number of dates approaching where new laws – or changes to existing laws – will become effective that you need to be aware of. We’ve previously advised you that effective September 1, the sexual harassment laws in the state of Texas will…

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Rhode Island Now Has Pay Equity Law

Rhode Island Governor Dan McKee, who ascended to the corner office when former Governor Gina Raimondo was confirmed as U.S. Secretary of Commerce under the Biden administration, last week signed legislation mandating equal pay across the Ocean State. The Pay Equity Act prohibits an employer from paying wages to any employees at a rate less…

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Paycheck Fairness Act Fails in Senate

This week, the U.S. Senate failed to advance the Paycheck Fairness Act by a vote of 49 – 50. The legislation, which required 60 votes to clear the upper chamber, did not come close to reaching that threshold, without any Senate Republicans voting in favor. A declared priority of Senate Majority Leader Chuck Shumer (D-NY),…

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House Passes Pregnancy Fairness

Early this week, the U.S. House of Representatives passed H.R.1065, also known as the Pregnant Workers Fairness Act. By a vote of 315 – 101, the legislation was sent to the Senate, where it faces a tougher – albeit not impossible chance of being adopted and sent to the President for his signature. The legislation,…

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Court Validates Salary History Consideration

According to a federal District Court in Virginia, the use of salary history in employment decisions is a reasonable – and legal – tool for employers to consider in making employment decisions. Early this month, the court applied a precedent set by the Fourth Circuit Court of Appeals (Spenser v. Virginia State University) versus a…

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EEOC Again Requiring Pay Data

Just over one week ago the Equal Employment Opportunity Commission (EEOC) resurrected a mandatory filing for qualified employers of 2019 and 2020 workplace diversity data (EEO-1 Component 1). Generally speaking, the dictate applies to employers with at least 100 employees as well as federal contractors with 50 or more employees. You may recall that the…

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Pay Equity Bill Refiled in Congress

The federal Paycheck Fairness Act has been reintroduced in Congress for the current session, while another half-dozen state legislatures are considering similar mandates within their state borders. The federal legislation, filed by Connecticut Representative Rosa DeLauro, requires more transparency by companies regarding worker compensation and would also ban employers from asking applicants about their salary…

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Making a List and Checking It Twice

That lyric from a timeless Christmas classic shouldn’t only apply to Santa at this time of year, but also to every small businessman and woman across the country. Your list however, should be of what legal and regulatory changes will be taking effect on January 1, rather than who’s been naughty or nice! In that…

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Pregnancy Accommodation Mandates

The U.S. House of Representatives passed legislation a few weeks ago that mandates businesses provide further accommodations for the convenience of pregnant employees. Although the Pregnancy Workers Fairness Act (H.R. 2694) has yet to pass the Senate and may never, in fact become law, it was passed by the House with overwhelming bipartisan support in…

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