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The Pendulum Keeps Swinging -- EEO-1 Pay Data Update

Ogletree Deakins • March 19, 2019
The 2018 EEO-1 Survey Site officially opened on Monday, March 18, 2019. While there was some confusion about this year’s filing requirement due to the recent court decision reinstating the pay data component, the current filing format is the same as last year, with no pay data required. The current deadline to file 2018 EEO-1 reports is May 31, 2019.

Key Takeaways From an ERISA Fiduciary Breach Ruling on Behavioral Standards of Care After a 10-Day Trial

Ogletree Deakins • March 19, 2019
Behavioral health claims administrators and plan sponsors alike may be looking more closely at their care guidelines—and how they are applied—after a federal court ruled in a California class action that a claims administrator had breached its fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA) by applying standards of care that were more restrictive than generally accepted standards and by improperly prioritizing cost savings.

UPDATE: EEOC Has Until April 3 to Advise About Pay Data Reporting

Jackson Lewis P.C. • March 19, 2019
In the continually developing story of employee pay data reporting, the Judge who overturned the stay on the EEO-1 reporting obligation has granted the government until April 3 to inform employers as to whether they will be required to report pay data as part of this year’s EEO-1 reporting cycle, which opened Monday, March 18th and runs through May 31 – at least currently.

EEOC Opens Portal for 2018 EEO-1 Reporting and Must Provide Guidance on Pay Data Reporting by April 3

Jackson Lewis P.C. • March 19, 2019
The U.S. District Court hearing the EEO-1 pay data reporting case has ordered EEOC to inform employers by April 3, 2019, whether they will be required to provide pay and hours worked data for the 2018 EEO-1 reporting cycle. The current deadline for 2018 EEO-1 reporting is May 31, 2019.

Pay Equity Co-Chairs Discuss Supreme Court’s Pay Bias Ruling

Fisher Phillips • March 19, 2019
The U.S. Supreme Court took an unusual step in vacating a 2018 decision from the U.S. Court of Appeals for the Ninth Circuit because the judge who authored the opinion, and was part of the majority in the precedent-setting ruling, died before the decision was published. The high court reversed a landmark pay equity ruling that held employers could not justify wage differentials between men and women by relying on previous salary information.

Dueling Paid Leave Plans Introduced In Congress

Fisher Phillips • March 19, 2019
There seems to be growing momentum in Washington, D.C. to establish a national paid leave program, but – as with most things in the nation’s capital – there seem to be differing views on how to accomplish this stated goal of both political parties. Although the White House unveiled a budget proposal on March 11 calling for the establishment of a paid parental leave program, that $750 million funding wish aims for the creation of paid leave programs at the state level that are “most appropriate for their workforce and economy.” Meanwhile, leaders from both parties have recently unveiled their own plans to create sweeping federal paid leave programs – one of which goes beyond parental leave.

EEOC Portal Opens for EEO-1 Filings With No Word on Employee Compensation

Littler Mendelson, P.C. • March 19, 2019
On March 18, 2019, the EEO-1 filing portal opened, allowing employers with 100 or more employees and covered federal contractors with 50 or more employees to begin filing EEO-1 reports. This is consistent with the schedule set by the Equal Employment Opportunity Commission (EEOC) following the partial government shutdown in early 2019, which resulted in a postponement of the EEO-1 filing from March 31, 2019 until May 31, 2019.

DOL Proposes New Revisions to Overtime Exemption Rules

FordHarrison LLP • March 19, 2019
Executive Summary: The U.S. Department of Labor (DOL) recently issued its proposed overtime regulations to replace the Obama administration’s (enjoined) overtime rule. The DOL raised the minimum salary threshold requirement for workers to qualify for the Fair Labor Standards Act’s white collar exemptions to $35,308 per year (or $679 per week). The proposed rule raises the threshold from $23,660 per year (or $455 per week). For highly compensated employees, the DOL raised the salary threshold from $100,000 to $134,000. The proposed regulation would make more than one million additional workers eligible for overtime. The DOL also proposed regular increases to the threshold every four years following public comment.

Contractors, Your Subcontractors’ Wage and Hour Practices are Your Business

Jackson Lewis P.C. • March 19, 2019
A prime or general contractor may be held jointly and severally liable for any violations, including wage and hour violations, by its subcontractors if the contractor is found to be a joint employer with the subcontractor under applicable federal or state law.

Scabby the Rat: Threatening Pest or Famous Labor Icon?

Jackson Lewis P.C. • March 19, 2019
Employers have at least one way to rid themselves of Scabby the Rat, a staple of labor union protest, following a decision from a federal appeals court upholding an ordinance enacted by the Town of Grand Chute, Wisconsin, banning anything placed on a public right-of-way that might obstruct vision or distract passing drivers. Construction & Gen. Laborers’ Union 330 v. Town of Grand Chute, No. 18-1739 (7th Cir. Feb. 14, 2019). The Seventh Circuit has jurisdiction over Illinois, Indiana, and Wisconsin.

NIST Publishes Guide to Secure an Organization’s Mobile Devices

Jackson Lewis P.C. • March 19, 2019
Just last month, the National Cybersecurity Center of Excellence (NCCoE), a part of the National Institute of Standards and Technology (NIST), published guidance for public and private companies to protect mobile devices and help prevent data breaches.

What Every Employer Should Learn from the “Varsity Blues” College Fraud Admissions Scandal

Carothers DiSante & Freudenberger LLP • March 19, 2019
The arrests and indictment of the alleged conspirators in the “Varsity Blues” scandal hits close to home as we are graduates of some of the venerated institutions and have teenage children who dream of attending prestigious universities whose reputations have been tarnished by association. A key lesson for all employers: plan ahead for the unexpected.

Ice Raids Continue, When Will They Hit Northeast?

Brody and Associates, LLC • March 19, 2019
Immigration and Customs Enforcement (ICE) raids are continuing with the latest being a grocery store in San Diego, California and a factory in Sanford, North Carolina. In the latest raid or “Judicial Warrant Enforcement Action” as ICE refers to them, 26 employees at Zion Market, a popular Korean grocery store, were taken into custody by ICE for failure to have valid work authorization. At the same time, ICE agents executed a federal search warrant at the business.

New Jersey's Response to #MeToo: New Law Voids Non-Disclosure Agreements and Questions Future of Employee Arbitration Agreements

FordHarrison LLP • March 19, 2019
Executive Summary: Effective immediately, an amendment to New Jersey’s Law Against Discrimination (“LAD”) signed into law on March 18, 2019, invalidates any provision of an employment agreement which “waives any substantive or procedural right or remedy” under the State’s broad anti-discrimination laws. The amendment also invalidates confidentiality and non-disclosure provisions in any employment contract or settlement agreement.
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