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How to Be Ready When the EEOC Charges In

It’s one of those days. An envelope containing a charge from the U.S. Equal Employment Opportunity Commission (EEOC) arrives on your desk. The charging party is a recently departed employee, and it’s the company’s first notice of the complaint. The former employee checked the harassment box (but no others), alleging that she had been sexually harassed by a supervisor on two occasions. There is no mention of witnesses and it seems as if it could be an isolated matter. Will the EEOC agree?

Trump Taps Stanton to Head Wage and Hour Division

The White House intends to nominate Cheryl Stanton to be Administrator of the US Department of Labor's Wage and Hour Division (WHD).

The Department of Health and Human Services Revises Drug Testing Custody and Control Form

Executive Summary: On August 8, 2017, the Department of Health and Human Services (HHS) announced that the Office of Management and Budget approved its revised Federal Drug Testing Custody and Control Form (CCF). However, Department of Transportation (DOT)-regulated employers should not use the revised CCF at this time since the DOT has not authorized testing for new synthetic opioids included on the form and has not approved use of the new form.

Trump Nominates Gade for EEOC Vacancy

President Donald J. Trump has nominated Daniel M. Gade to serve as a commissioner for the Equal Employment Opportunity Commission (EEOC). Gade, a West Point graduate and a disabled Iraqi war veteran from North Dakota, would fill the remainder of a five-year term ending July 1, 2021.

EEOC Update from ILG National Conference

Day two of the 2017 ILG National Conference is in the books. Conference attendees had a variety of sessions to choose from that covered topics across the spectrum. The morning, however, kicked-off with a much anticipated keynote address from Acting EEOC Commissioner Victoria Lipnic. Commission Lipnic spoke at last year’s conference, prior to being appointed Acting Chair, where she shared her thoughts about the role of EEOC, it’s goals and her personal thoughts on the EEO-1 pay data reporting tool.

President Trump Moves to Fill Last Vacancy on EEOC

This week, President Trump announced that he would nominate Daniel Gade for the last open seat on the five-member U.S. Equal Employment Opportunity Commission.

SCA Contractors: Fringe Benefit Rate to Increase With Adjustment for Executive Order 13706

For those government contractors that perform work on contracts covered by the McNamara-O’Hara Service Contract Act (SCA) and are also subject to Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, there is a bit of good news out of the U.S. Department of Labor’s Wage and Hour Division (WHD). On July 25, 2017, the WHD announced changes to the health and welfare fringe benefit rate for SCA-covered contracts in All Agency Memorandum Number 225 (AAM No. 225). As announced in AAM No. 225, the new health and welfare fringe benefit rate under the SCA will be $4.41 per hour or $176.400 per week or $764.40 per month, effective August 1, 2017. This means that the WHD will incorporate the $4.41 health and welfare fringe benefit rate in any new SCA wage determinations it issues on or after August 1, 2017. This new rate represents an increase of $0.14 per hour over the 2016 rate of $4.27 an hour that became effective on July 29, 2016.

Federal Agencies Scale Back Their Workplace Regulatory Ambitions

During the prior administration, congressional gridlock prevented many significant labor and employment bills from advancing. Federal agencies picked up the slack, issuing several rules to help carry out much of President Obama's workplace agenda. The latest Unified Agenda of Regulatory and Deregulatory Actions, which lists agency regulatory priorities f

OFCCP Reminds Contractors to Display EEO Posters

On July 14, 2017, the Office of Federal Contract Compliance Programs (OFCCP) reminded all contractors and employers covered by the agency’s nondiscrimination and EEO laws of their posting obligations. According to the OFCCP’s email and website, contractors must prominently post the “Equal Employment Opportunity is the Law” poster on their premises. The notice must be displayed in a location “where it can be readily seen by employees and applicants for employment.” The poster provides information on the nondiscrimination and EEO laws and also covers the procedures for filing complaints of violations with the OFCCP.

11 New Federal Court Appointees Named, Confirmations Critical for Labor and Employment Policy

On July 13, 2017, President Donald Trump announced the nomination of 11 new judicial appointments to federal courts throughout 5 states—Alabama, Georgia, North Carolina, Oklahoma, and Tennessee. The nominees include a shareholder in Ogletree Deakins’ Raleigh, North Carolina office, Thomas A. Farr. The judicial appointments should be confirmed quickly by simple majority vote.