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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Joint Employer Rules on the Move to OMB

Earlier this week, the US Department of Labor (DOL) sent its joint employer rule to the White House Office of Management and Budget (OMB) for approval – the last step before publication in the Federal Register. The proposed rule for application of the joint employer standard under the Fair Labor Standards Act (FLSA) will make…

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EEOC Hearing on Pay Data Collection

Staying in the regulatory realm a bit longer, the Equal Employment Opportunity Commission (EEOC) held a public hearing earlier this week on proposed changes to the EEO-1 form. The proposed revisions deal specifically with the collection of pay data broken down by race, ethnicity and gender as was required by an Obama administration initiative. EEOC,…

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EEOC Ordered To Continue Pay Data Collection

Apparently, election results don’t matter in some of the nation’s courts! A federal judge in Washington, DC this week ordered the Equal Employment Opportunity Commission (EEOC) continue collecting pay data for 2017 & 2018 as required by the Obama administration – despite the fact that the Trump administration reversed that agency mandate!! You’ll recall that…

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EEOC Extends Pay Data Window

Notwithstanding the deadline for employers to collect and report certain pay data for the 2017 and 2018 calendar years to the Equal Employment Opportunity Commission (EEOC) was this past Tuesday, October 1, the agency has again extended the window for employers to do so. Essentially the agency, which is under court order to collect the…

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EEOC Restricts Pay Data Collection

The ongoing saga over what pay data the Equal Employment Opportunity Commission (EEOC) will require from large employers on the EEO-1 form appears to be changing again. Yesterday, the agency published official notice in the Federal Register that it will collect basic information on worker demographics over the next three years, but will no longer…

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EEOC Begins EEO-1 Pay Data Collection

After several significant delays, prompted by court challenges, regulatory delays and other issues, the Equal Employment Opportunity Commission (EEOC) this week launched its dedicated web-based portal for businesses that employ 100 or more individuals to begin providing expanded pay and hours worked data for calendar years 2017 and 2018.  This data, delineated by race, ethnicity…

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Trump Nominates Another for EEOC

President Trump has submitted the name of a Wage and Hour Division official as his latest nominee for a vacant seat on the Equal Employment Opportunity Commission (EEOC).  Current Deputy Administrator for the Department of Labor’s Wage & Hour Division, Keith Sonderling was nominated to a vacant republican commissioner position by the President. If confirmed,…

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SEIU, ACLU, Fight for $15 Sue McDonald’s

Some 23 individual complaints were filed this week against McDonalds alleging sexual harassment at some of its corporate and franchised stores. The majority of the claims were filed with the Equal Employment Opportunity Commission and contend (again) that McDonald’s is a joint employer of the workers in their franchised locations and hence, equally re$pon$ible and…

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