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DOL Publishes New FMLA Military Leave Poster; Employers Should Consider Revisions to FMLA Policy

Gray Plant Mooty - March 24, 2008

The U.S. Department of Labor (DOL) recently issued a new Family and Medical Leave Act (FMLA) poster that outlines recent amendments to the FMLA. The new poster describes the two types of military FMLA leaves - it must be posted in a conspicuous place by all employers covered by the FMLA and should be posted alongside the more general FMLA poster. In addition to posting the new required poster, employers will need to amend their FMLA policies to provide notice of the two new types of FMLA leave.

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OSHA Releases New Poster; Employers May Still Use Prior Version.

Ford & Harrison LLP - February 27, 2007

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has published a new "It's the Law" Poster.

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DOL's Final Rule Regarding "Able and Available for Work" Should Remind Employers to Challenge All Unemployment Claims that Fail to Meet this Minimum Threshold.

Littler Mendelson, P.C. - February 27, 2007

On January 15, 2007, the United States Department of Labor (DOL) issued a Final Rule setting forth the requirements that state unemployment insurance (UI) laws must condition the payment of benefits on the claimant being able to work and available for work. The DOL and its predecessors (the Social Security Board and the Federal Security Agency) have consistently interpreted provisions of Federal Unemployment Insurance Act and Social Security Act to require that states, as a condition of participation in the federal-state unemployment compensation program, limit the payment of benefits to individuals who are able and available for work. Although this interpretation is longstanding, it has never been comprehensively addressed in a rule in the Code of Federal Regulations (CFR), nor is it expressly set forth in federal law.

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OFCCP Issues Final Compensation Self-Evaluation Guidelines.

Jackson Lewis LLP - July 25, 2006

Under federal affirmative action regulations, all covered federal contractors are required annually to perform an evaluation of compensation practices to ensure minorities and women are being fairly treated. Since inception, the published regulations, 41 CFR 60.2.17(b)(3), have been silent as to the methodology contractors should employ to analyze their workforces for pay equity purposes. On June 16, 2006 the Office of Federal Contract Compliance Programs published its final guidelines on performing compensation self evaluations, entitled "Voluntary Guidelines for Self Evaluation with Compensation Practices for Compliance with Non Discrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation Discrimination". The Final Guidelines follow the November 16, 2004 proposed self-evaluation guidelines, which drew vigorous public comment.

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OFCCP Continues Its Aggressive Focus on Compensation Equity, Issuing New Standards for Finding Systemic Pay Discrimination and New Guidelines for Self-Evaluations.

Hogan & Hartson LLP - July 13, 2006

The Office of Federal Contract Compliance Programs (OFCCP) is continuing its aggressive focus on pay equity for minority and female employees of federal government contractors or subcontractors (contractors). On June 16, 2006, OFCCP published formal interpretive standards which the agency will follow in investigations and determinations concerning whether a contractor engaged in systemic compensation discrimination. 71 FR 35124. OFCCP collects compensation data from contractors during its compliance audits, and contractors can face substantial back pay and other liability if OFCCP finds compensation discrimination. On June 16, 2006, OFCCP also issued voluntary guidelines containing options a contractor may follow to comply with its duty to conduct periodic self-evaluations of its compensation practices. 71 FR 35114. The interpretive standards and voluntary guidelines are summarized below.

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OFCCP Issues Final Standards and Employer Self Evaluation Guidelines Concerning Systemic Compensation Discrimination (pdf).

Ogletree Deakins - June 26, 2006

OFCCP Issues Final Standards and Employer Self Evaluation Guidelines Concerning Systemic Compensation Discrimination.

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New Employment Poster Requirements.

Fredrikson & Byron, P.A. - July 14, 2005

The United States Department of Labor has been busy. It has issued two new workplace posting requirements. One poster is currently required and the other will be required soon.

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Department of Labor Pulls USERRA Notice Poster; Compliant Poster to Be Available on March 10, 2005.

Littler Mendelson, P.C. - March 07, 2005

On Thursday, March 3, 2005, the United States Department of Labor, Veterans' Employment and Training Service (�VETS�), removed from its website a poster designed to satisfy new notice requirements under the federal statute dealing with military leave rights, the Uniformed Services Employment and Reemployment Rights Act (�USERRA�).

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OFCCP Proposes "Companion Regulations" to EEOC's Proposed Guidance on Definition of "Applicant".

Jackson Lewis LLP - April 07, 2004

In March 2004, after a wait of over three years, the EEOC published in the Federal Register a proposed inter-agency Guidance on the definition of applicant. Now the OFCCP has issued for public comment its own definition of "Internet Applicant."

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DOL 2003 Enforcement Efforts Net $212 Million in Back Wages for 340,000 Workers.

Jackson Lewis LLP - November 20, 2003

On November 18, the U. S. Department of Labor released the fiscal year 2003 statistics on enforcement of the various federal laws under its broad domain.

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DOL Proposes New Rule Addressing Beck Notice Posting Requirements for Federal Contractors

Winston & Strawn - October 11, 2001

On October 1, 2001, the Department of Labor ("Department") published a proposed rule in the Federal Register designating the Department's Office of Federal Contract Compliance Programs ("OFCCP") with enforcing a recently-enacted executive order requiring federal contractors to notify union-represented employees of their rights under the U.S. Supreme Court's 1988 decision in Communications Workers v. Beck ("Beck"). The proposed rule outlines the notice posting requirements under Beck and charges the OFCCP with enforcing the executive order.

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Major Management Challenges and Program Risks: Department of Labor [Large PDF File].

General Accounting Office, U.S. - January 01, 2001

This report addresses the major performance and accountability challenges facing the Department of Labor as it seeks to promote the welfare and economic security of the nation�s workforce and ensure that workplaces are safe and healthy. It includes a summary of actions that Labor has under way to address these challenges and outlines further actions that GAO believes are needed.

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Bureau of Labor Statistics.