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OFCCP Looking to Hire for Ombudsperson

Jackson Lewis P.C. • January 20, 2019
As OFCCP heads into 2019, with an official Director in place, the Agency is looking towards implement many of its new Directives released in the second half of 2018. Back in September, we discussed OFCCP Directive 2018-09: OFCCP Ombud Service, one of the number of policy changes OFCCP hoped to develop to increase a sense of transparency and impartiality between it and government contractors. On December 21, OFCCP took the first step in following through on this plan by posting an opening for the Ombud position.

Minimum Wage Hike Proposed: How Likely Is A Bump In Pay?

Fisher Phillips • January 20, 2019
Some lawmakers have plans to raise the federal Fair Labor Standards Act's minimum wage from $7.25 to $8.55 later this year, then step it up to $15.00 per hour by 2024, and subsequently increase it annually in relation to statistical data from the Bureau of Labor Statistics. If this sounds familiar, it should, but we expect some more traction this time around.

It’s Official: OIRA Has Received Proposed Part 541 Overtime Regulations

Ogletree Deakins • January 20, 2019
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) officially sent its notice of proposed rulemaking (NPRM) to revise the Part 541 regulations to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) for review. The OIRA website states that it received the Part 541 NPRM on January 16, 2019, and that the proposal is “economically significant.” At this juncture, it is not known what the Part 541 NPRM contains or how long OIRA will take to review the proposed rule before it can be returned to the DOL for publication in the Federal Register.

California Enforces Arbitration Agreement with Staffing Agency in Favor of Worksite Employer

Jackson Lewis P.C. • January 20, 2019
An employer successfully compelled arbitration under an arbitration agreement that the plaintiff-workers had with their staffing agency, even though the staffing agency was not a defendant in the lawsuit.

New York Passes Bill Prohibiting Discrimination Based on Gender Identity or Expression

XpertHR • January 20, 2019
New York's legislature has passed a bill that would prohibit discrimination based on gender identity or expression and also categorize criminal offenses involving gender identity or expression as hate crimes subject to enhanced penalties.

Michigan Governor Furthers LGBT Protections in State Contracts and Bans State Agencies From Asking for Salary History

Ogletree Deakins • January 20, 2019
Hitting the ground running, Michigan’s new governor, Gretchen Whitmer, has imposed new requirements in the employment arena—but only for executive branch state employees and some contractors and grant and loan recipients. This could be a sign of things to come for employers everywhere in Michigan, or at least a sign of building momentum within the state government.
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