EEOC Narrows Window For Suing Businesses

The Equal Employment Opportunity Commission (EEOC) in a rare opinion letter issued last week narrowed the scope in which it will initiate legal action against businesses it believes have engaged in “pattern & practice” discrimination. Although much of the opinion is technical in nature and deals with technical requirements to bringing action under Title VII…

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Stay Current with Federal and State Posters

Every so often, we like to remind our small business owners of some of the myriad mandates and dictates with which they must comply. One of those that we all can easily overlook is the requirement to post certain information relating federal and/or state laws. Federal law requires that all employers with less than 50…

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EEOC Suspends EEO-1 Reports until March 2021

In light of the ongoing coronavirus pandemic and the havoc it continues to wreak on the US economy, the Equal Employment Opportunity Commission (EEOC) has suspended requirements for the filing of the EEO-1 report until March of 2021. Previously, all private employers with 100 or more employees were required by federal regulation to annually file…

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EEOC Posts then Pulls New Guidance

You had to look quickly this week if you wanted to see the Equal Employment Opportunity Commission’s new guidance on accommodating employees with medical conditions in the age of the coronavirus pandemic. The agency posted an updated guidance on Tuesday, May 5 and shortly after posting, pulled the guidance down because it was being “misinterpreted…

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White House Readies NLRB & EEOC Nominations

Earlier this week, the White House announced the names of four individuals being nominated for positions on the National Labor Relations Board (NLRB) as well as the Equal Employment Opportunity Commission (EEOC).  President Trump will re-nominate former NLRB member Lauren McFerran to one of the two vacant democratic seats on the NLRB and current Board…

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NLRB Finalizes Joint Employer Rule

Earlier this week, the National Labor Relations Board (NLRB) issued its final rule for determining joint-employer status under the National Labor Relations Act. The final rule reinstates the “direct and immediate control” standard, whereby a company must have substantial direct control over the essential terms and conditions of employment of another employer’s workers in order…

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Court Accepts End of Pay Data Collection

In a decision rendered earlier this week, the U.S. District Court for the District of Columbia approved a request by the Equal Employment Opportunity Commission (EEOC) to close any further collection of pay data for years 2017 and 2018. The mandate for collection of the expanded pay data, which includes detailed information on sex, race…

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Court Hears EEO-1 Pay Data Appeal

Earlier this week, the US Court of Appeals for the District of Columbia heard oral arguments on the EEOC mandate to collect expanded pay data from large employers. Recall that the Obama administration updated its EEO-1 form to require certain businesses to provide pay data broken down by race, ethnicity and gender. The Office of…

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DOL Finalizes Joint Employer

Notwithstanding the above and possible re-opening of the issue, the U.S. Department of Labor (DOL) has released the final version of the long-awaited joint employer rule. The final rule now employs a four-part test to determine joint employer status that includes whether a franchise: 1) maintains power to hire and fire; 2) supervise schedules and…

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Posting Requirements for Federal and State Notices

All employers are required to post certain federal and state postings on an annual basis – and generally the first of the year is the best time to ensure compliance. Federal law requires that an employer with less than 50 employees post 5 specific notices: the Fair Labor Standards Act; the Employee Polygraph Protection Act;…

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