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The Top 15 HR Compliance Issues of 2018 – Are You Ready?

XpertHR • December 13, 2017
As 2018 draws near, employers need to take a long hard look at their workforce and gear up for the challenges that lie ahead. To get a pulse on what the top HR and employment issues are in the workplace for 2018 and the ways in which technology, society and culture converge and impact employers and their workforces, XpertHR recently conducted a survey of approximately 1,000 respondents from a wide range of industries including small, medium and large employers.

Top 3 Holiday and Year-End Gift-Giving Tips for Employers

XpertHR • December 13, 2017
During the holidays, many employers opt to give gifts to employees and host parties as a gesture of good will, a reward for achievements during the past year, or a morale booster to encourage continued good performance in the year ahead. But did you know that those well-meaning efforts to lift your staff’s spirits could easily end up dampening everyone’s festivities by unintentionally costing them extra in taxable wages?

Title VII Coverage of Sexual Orientation Left Unresolved by Supreme Court

XpertHR • December 13, 2017
The US Supreme Court has declined to hear a case that could have settled the question of whether Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation.

Breaking News: New OFCCP Director Identified

Jackson Lewis P.C. • December 13, 2017
The U.S. Department of Labor has quietly identified a new Director of the Office of Federal Contract Compliance Programs. An industry news outlet is reporting DOL has confirmed Ondray T. Harris will be the new head of the agency. A new update to OFCCP’s website lists him as the Director of the Agency. Interim Director Tom Dowd is listed as the Deputy Director.

Labor Board Asks: Retain, Modify, or Rescind ‘Quickie Election’ Rules?

Jackson Lewis P.C. • December 13, 2017
A Request for Information regarding the “Quickie Election” representation regulations (at 29 CFR parts 101 and 102) will be published on December 13, 2017, the National Labor Relations Board has announced. The RFI will seek input on the 2014 amendments to representation case procedures that reduced the opportunities for employers to communicate with their employees about union issues between the filing of a representation petition and the NLRB-conducted election.

Reminder: Electronic submission due December 15th

Jackson Lewis P.C. • December 13, 2017
Employers covered by the recordkeeping requirements in Section 1904 are reminded that Friday, December 15th is the DEADLINE to electronically submit their 2016 300A. This requirement applies to establishments with 250 or more employees and to establishments in certain high-risk industries with 20 or more but less than 250 employees.

Beyond Base-Pay: EEOC Settlement Targets Sales Representative Commissions

Jackson Lewis P.C. • December 13, 2017
For some workers, the bulk of their income is commissions or other incentive-based pay, not their salary or base wage. For years, the Equal Employment Opportunity Commission, sales employees, and class action plaintiff attorneys have been interested in fair pay for sales workers and, in particular, pay discrimination involving female sales workers. A recent EEOC settlement demonstrates the need for employers to separately analyze all components of incentive-based workers’ pay.

Do Job Descriptions Really Matter in an OFCCP Compliance Review?

Ogletree Deakins • December 13, 2017
The Office of Federal Contract Compliance Programs (OFCCP) does not require that employers create written job descriptions for positions within their companies; however, well-written job descriptions can play a vital role before and during an OFCCP compliance review.

OFCCP Updates Its Key Personnel; Quietly Announces New Director

Ogletree Deakins • December 13, 2017
According to an update on the website of the Office of Federal Contract Compliance Programs (OFCCP), there has been a shift in some “key personnel.” According to the changes, Ondray T. Harris will be the new OFCCP director. Harris was previously a senior adviser at the U.S. Department of Labor’s (DOL) Employment and Training Administration and the director of the Department of Justice from 2007 to 2010.

Labor Board To Scrap Quickie Election Rule? Public Comment Requested

Fisher Phillips • December 13, 2017
In the clearest sign yet that the National Labor Relations Board is ready to shift away from the strong pro-union stance that had been taken for the previous eight years, the agency today announced that it will seek public comment on the possible revision to the representation election regulations – often known as the “quickie election” rule.

Holiday P-A-R-T-I-E-S Protocol: Walking the Fine Line Between Fun and Fiasco

Littler Mendelson, P.C. • December 13, 2017
The end of the year brings many reasons to celebrate, and most employers intend to make merry by hosting a holiday party of some sort. This occasion presents an opportunity for employers to foster team spirit and express appreciation for the hard work performed by staff all year. In turn, employees appreciate the chance to interact with their coworkers outside the hectic workday.

Exempt Employee Pay Minimums Will Increase in 2018 in Various States

Littler Mendelson, P.C. • December 13, 2017
As employers wait to see whether – and to what extent – the U.S. Department of Labor will revise the minimum amount they must pay to executive, administrative, and professionals for exemption from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements, state-law rates for these employees are scheduled to increase in 2018 (and on New Year’s Eve in New York).

eLABORate: Supreme Court Declines to Decide if Title VII Protects Against Sexual Orientation Discrimination

Phelps Dunbar LLP • December 13, 2017
This morning the United States Supreme Court declined to review a case that would have resolved a circuit split over whether Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employment discrimination on the basis of sexual orientation. As written, Title VII protects against sexual discrimination in employment, but courts across the country have taken different positions as to whether that protection extends to sexual orientation or sexual identity.

Employers: Paid Family Leave is IN and Salary Inquiries are OUT

Vedder Price • December 13, 2017
Recent employment legislation in New York State and New York City affords new benefits and protections to employees and job applicants. These laws also bring new obligations for employers. Before the holiday season is in full swing, employers should take steps to ensure compliance with the two laws described below

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

Ogletree Deakins • December 13, 2017
While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in favor of a gay employee who filed a lawsuit alleging sex discrimination based on sex stereotyping. Lampley v. Missouri Commission on Human Rights, No. WD80288 (October 24, 2017).

Louisiana Governor Appeals LGBT Executive Order Ruling to State Supreme Court

Ogletree Deakins • December 13, 2017
On December 1, 2017, Louisiana Governor John Bel Edwards (D) appealed a state appellate court decision holding that Executive Order JBE 2016 – 11, which seeks to protect the rights of lesbian, bisexual, gay, transgender individuals, and other protected classes from discrimination by Louisiana agencies, departments and contractors was unconstitutional.

Are Your California Employees Asking for Dust Masks Because of the Raging Fires?

Fisher Phillips • December 13, 2017
Our California offices reported that local governments are provided N 95 dust masks to citizens because of the wild fires. Such masks may not actually help all users and the smoke and particulate may not exceed permissible levels. Nevertheless, these masks do often provide comfort when exposed to dusty conditions which are uncomfortable but do not present a hazard.

Employer Responsibilities Mount as California Fires Rage

Littler Mendelson, P.C. • December 13, 2017
While parts of Northern California are still reeling from damaging wildfires there two months ago, multiple fires are currently threatening Santa Barbara/Ventura, Los Angeles and Northern San Diego Counties. Fueled by high winds, the Southern California blazes are far from being contained. Without a doubt, safety and security are the highest priorities at present as this dangerous situation unfolds.

Employers Have until January 5, 2018 to Submit Comments on Proposed Regulation Implementing Puerto Rico’s Working Hours and Days Act

Littler Mendelson, P.C. • December 13, 2017
On December 6, 2017, the Puerto Rico Secretary of the Department of Labor and Human Resources (“Secretary”) published the proposed Regulation to Administer Act No. 379 of May 15, 1948, as amended, known as Puerto Rico’s Working Hours and Days Act. On the same day, the Puerto Rico Department of Labor and Human Resources (“Department”) published a Public Notice informing employers, employees, and the general public of its intent to adopt the Regulation and inviting any person to submit written comments on or before Friday, January 5, 2018. Comments can be mailed, submitted via email, or physically presented to the Office of the Solicitor of Labor.
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