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ten most recent federal employment law articles Ten Most Recent Federal Articles

GAO Report Finds Weaknesses in OFCCP Compliance Evaluations

Ogletree Deakins • September 23, 2016
On September 22, 2016, the U.S. Government Accountability Office (GAO) released a report evaluating the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP). The report, entitled “Equal Employment Opportunity: Strengthening Oversight Could Improve Federal Contractor Nondiscrimination Compliance,” largely covers the weaknesses in OFCCP’s compliance evaluations, which, according to the report, have an impact on the effectiveness of its enforcement efforts. The report lays the blame on “OFCCP’s weak compliance evaluation selection process, reliance on voluntary compliance, and lack of staff training.”

OFCCP Report Card: GAO Release Report of Its Review of the Agency

Jackson Lewis P.C. • September 23, 2016
This week the General Accounting Office (GAO) issued a report to the House of Representatives Committee on Education and the Workforce on its recent audit of OFCCP. The report reviews (1) how the Agency conducts audits; and, (2) the Agency’s outreach assistance and guidance efforts.

What Federal Contractors with Employee Arbitration Agreements Need to Know Now

Jackson Lewis P.C. • September 23, 2016
Portions of the “Fair Pay and Safe Workplaces” Executive Order (E.O. 13673), often referred to as the “Blacklisting” or “Bad Actors” Executive Order, will take effect on October 25, 2016, and federal contractor employers are preparing for compliance with its reporting, disclosure, and paycheck transparency requirements. Federal contractors with existing arbitration agreements and those contemplating new ones are grappling with the E.O.’s mandate relating to pre-dispute arbitration provisions, which will become effective on October 25, 2016.

Open the Floodgates: NLRB Announces Misclassification of Independent Contractors Can, In Itself, Violate Section 8(a)(1)

Ogletree Deakins • September 23, 2016
On August 26, 2016, the National Labor Relations Board's Division of Advice publicly released an advice memorandum from December of 2015 in which it found a Section 8(a)(1) violation for an employer's misclassification of independent contractor status. Pacific 9 Transportation, Inc. (No. 21-CA-150875, Dec. 15, 2015).

Sixth Circuit Upholds Jury Award Of Compensatory Damages Against CRA Under The FCRA For Negligence, But Vacates Punitive Damages Award

FordHarrison LLP • September 23, 2016
Executive Summary: The Sixth Circuit Court of Appeals in Smith v. LexisNexis Screen Solutions, Inc., __ F. 3d ___, 2016 WL 4761325 (6th Cir. September 13, 2016), recently upheld a jury verdict in favor of a plaintiff in a Fair Credit Reporting Act (FCRA) case, who was initially denied a job due to an error made by LexisNexis Screen Solutions, Inc. (Lexis) in performing a background check. The Sixth Circuit found that the evidence supported the jury’s verdict that Lexis was negligent and upheld the $75,000 compensatory damages award, but found no evidence of willfulness and reversed the punitive damages award.

New Form I-9 With Enhancements and Clarity Starting January 2017

Nexsen Pruet • September 23, 2016
The United States Citizenship and Immigration Services (USCIS) has announced approval from the Office of Management and Budget (OMB) for a proposed new Form I-9. USCIS must publish a revised form no later than November 22, 2016. This new form will be effective as of January 22, 2017.

Revised I-9 Form Approved But Not Yet Released

FordHarrison LLP • September 23, 2016
USCIS has announced that a new I-9 form has been approved, but has not yet been released. The Office of Management and Budget (OMB) has approved the new form and must publish it by November 22, 2016. Employers may continue to use the current version (Form I-9 with a revision date of 03/08/2013) until January 21, 2017. After January 21, 2017, all previous versions of Form I-9 will be invalid. We will provide more information regarding the new form as information becomes available.

OSHA Requests Information on Shipyard Safety Rules Covering Falls

Jackson Lewis P.C. • September 23, 2016
The Occupational Safety and Health Administration is considering updating its safety standards covering falls in shipbuilding, ship repair, shipbreaking, and other shipyard-related employment and has issued a Request for Information. Comments and materials must be submitted by December 7, 2016.

Mine Safety Agency Issues Alert for Water-Related Fatalities

Jackson Lewis P.C. • September 23, 2016
Working around, over, or near water is a safety hazard that may result in entrapment and drowning, the Mining Safety and Health Administration has warned in a hazard alert.

Leveraging Data Analytics for Fair Pay

Littler Mendelson, P.C. • September 23, 2016
Fair pay is becoming an increasingly visible issue nationally, politically, and organizationally. Employers are paying attention to this issue and seeking out services and consultation to achieve and maintain pay equity. In this episode of Littler’s Big Data Initiative podcast, Dr. Zev Eigen discusses this burgeoning area, where it's headed, and what employers can do now to prepare.