Total Articles: 10
Ogletree Deakins • March 15, 2018
Federal contractors and subcontractors must post certain information to inform job seekers and/or employees of applicable policies, regulations, and laws.
FordHarrison LLP • March 12, 2018
Executive Summary. On March 6, 2018, the Wage and Hour Division (W&HD) of the U.S. Department of Labor (DOL) rolled out a new nationwide pilot initiative, called the Payroll Audit Independent Determination program—or “PAID.” This initiative is designed to streamline the resolution process of potential overtime and minimum wage violations of the Fair Labor Standards Act (FLSA). Such potential violations as “off-the-clock” work violations, failures to pay overtime wages, or employee misclassification would expressly fall within the ambit of PAID. According to the W&HD, PAID’s objectives are expeditious resolution of FLSA claims without litigation, improved employer compliance with its overtime and minimum wage obligations under the law, and a fast delivery of owed back wages to workers.
Littler Mendelson, P.C. • March 08, 2018
On March 6, 2018, the U.S Department of Labor's Wage and Hour Division announced its new Payroll Audit Independent Determination (PAID) program. Initially being rolled out as a six-month pilot program, PAID provides employers with a unique opportunity—and indeed, motivation—to proactively address potential wage and hour underpayments under the Fair Labor Standards Act (FLSA) while simultaneously helping to protect themselves against litigation threats from the DOL and individual employees. While the details of the PAID program are yet to be announced, the DOL has announced the basic outline.
Jackson Lewis P.C. • March 08, 2018
Mistakes happen. But when those mistakes result in a violation of the Fair Labor Standards Act, what is an employer to do? Pay twice the amount of wages owed to cover both back wages and an amount equal to liquidated damages? Hope no one notices? Well, thanks to the Wage and Hour Division (WHD) of the DOL, another option is now available to provide “make whole” relief to the employees and a binding release of FLSA claims for the employer, without the agency penalties and without the liquidated damages that may provide nothing more than a windfall to employees who have received all wages due.
Ogletree Deakins • March 04, 2018
NLRB Returns to Amorphous Joint-Employer Standard. Talk about policy oscillation: the National Labor Relations Board’s (NLRB) joint-employer recusal debacle continued this week, perhaps coming to an abrupt end (for now). In a stunning development, the Board vacated its December 2017 decision in Hy-Brand Industrial Contractors, Ltd., following a determination from the Board’s ethics official that Member William Emanuel should not have participated in the case because his previous law firm represented a party in another case (Browning-Ferris Industries) that dealt with the same issue.
Littler Mendelson, P.C. • February 28, 2018
This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also analyzes the EEOC's successes, setbacks, changes, and strategies. By focusing on key developments and anticipated trends, the Report provides employers with a roadmap to where the EEOC is headed in the year to come.
Fisher Phillips • February 20, 2018
A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The January 25 memo introduces new stringent limits on the use of guidance documents by Department of Justice officials in civil actions against businesses, including employment claims. By limiting the effectiveness of such guidance documents—and in some cases, eradicating them altogether—the Trump administration may have handed employers a gift that could pay off in the long run.
XpertHR • February 20, 2018
The U.S. Equal Employment Opportunity Commission (EEOC) has released its Strategic Plan for Fiscal Years 2018-2022, its framework for achieving its mission to advance equal opportunity in the workplace and prevent and remedy unlawful employment discrimination. The EEOC also submitted its fiscal year 2019 budget request, seeking more than $1.8 million above the current budgetary level.
Littler Mendelson, P.C. • February 19, 2018
A recent settlement shows that the Equal Employment Opportunity Commission (EEOC) continues, from time to time, to take the position in litigation that an employee’s private release may not waive the employee’s right to receive future financial relief in an EEOC discrimination action.
Phelps Dunbar LLP • February 19, 2018
On February 12, 2018, the U.S. Equal Employment Opportunity Commission (“EEOC”) approved its Strategic Plan (“SP”) for the 2018-2022 fiscal years. The SP provides a framework for how the EEOC plans to achieve its mission of preventing and remedying unlawful employment discrimination, advancing equal opportunity for all in the workplace, as well as plans for striving toward its vision of respectful and inclusive workplaces with equal employment opportunity for all. The SP is intended to work in conjunction with the EEOC’s Strategic Enforcement Plan (“SEP”). The SEP indicates the specific areas of discrimination upon which the EEOC plans to focus while the SP explains how the EEOC plans to address these targeted issues.