Joint Employer Reversal Coming

More egregious NLRB changes may still be in the on-deck circle, but DOL changes to the Trump-era definition of joint-employer are well on the way to reality. In fact, the White House Office of Management and Budget (OMB) is currently reviewing a new final rule proposed back in March by the Department of Labor Wage…

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EEOC Updates COVID Guidance

Last Friday, the Equal Employment Opportunity Commission (EEOC) updated its guidance regarding employers offering incentives for employees to be vaccinated against COVID-19. This latest updated guidance also clarifies issues related to whether employers can mandate employees be vaccinated before entering the workplace. Specifically, it clarifies a number of ways that employers can promote vaccinations and…

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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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EEOC Opens Data Collection

We knew it was coming, but on Monday of this week, the Equal Employment Opportunity Commission (EEOC) announced the opening of the 2019 and 2020 EEO-1 Component 1 Data Collection process. The report is a mandatory annual data collection effort that requires all private sector employers with 100 or more employees, and federal contractors with…

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EEOC Clarifying Vaccine Incentives

In response to a February letter request signed by dozens of business groups (DDIFO included), the Equal Employment Opportunity Commission (EEOC) finally responded and advised that it is working on providing employers more clarity on when they can provide vaccine incentives to their employers without violating federal anti-discrimination law. According to the EEOC response dated…

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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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Biden Fires EEOC General Counsel

Just weeks after he fired NLRB General Counsel Peter Robb, whose appointment didn’t expire until November 2021, and subsequently the agency’s acting General Counsel Alice Stock, President Biden last week also fired Equal Employment Opportunity Commission (EEOC) General Counsel Sharon Fast Gustafson, whose appointment to the post was valid until 2023! Both individuals, each of…

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EEOC Schedules Opening EEO-1 Reporting for April

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that collections for the 2019 and 2020 EEO-1 Component 1 Data that was postponed in 2020 will begin in April 2021. In light of the coronavirus pandemic and the accompanying business shutdowns, data collection was postponed last year. In addition, a study was contracted for by…

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EEOC Approves MOU with Justice and Labor

The Equal Employment Opportunity Commission (EEOC) formally authorized entering into a Memorandum of Understanding (MOU) with other agencies to improve collaboration and enforcement of federal labor laws. The full complement of 5 EEOC Commissioners (3 republican & 2 democrat members) met publicly, albeit virtually, for the first time in quite a while to discuss and…

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