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Reporting Nonbinary Classifications to the EEOC: Guidance From a New FAQ

Ogletree Deakins • August 19, 2019
On August 15, 2019, the Equal Employment Opportunity Commission (EEOC) added a question and answer to its list of frequently asked questions (FAQs) addressing, among other things, a growing concern for many employers: how to report employees who identify as nonbinary in the EEO-1 Component 2 report. We have previously written on the conundrum facing employers with EEO-1 reporting and written affirmative action obligations and employees who have identified as nonbinary.

OFCCP Announces Proposed Rule on Religious Exemption for Federal Contractors

Ogletree Deakins • August 19, 2019
On August 15, 2019, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released a Notice of Proposed Rulemaking (NPRM) focused on clarifying the civil rights protections for religious organizations that have federal contracts. Keeping with the Trump administration’s policy to enforce the religious freedom found in federal law, the proposed rule is intended to provide the broadest protection of religious rights recognized under the U.S. Constitution and other laws, such as the Religious Freedom Restoration Act. It does not, however, exempt federal contractors from adhering to other required affirmative action obligations.

DOL Confirms FMLA Covers IEP Meetings With Therapists at School

Ogletree Deakins • August 19, 2019
On August 8, 2019, the Department of Labor (DOL) issued an opinion letter confirming that a parent is entitled to time off under the Family and Medical Leave Act (FMLA) to attend a meeting at school to discuss his or her child’s Individualized Education Program (IEP).

Employer Do’s and Don’ts for Back to School Time

XpertHR • August 19, 2019
It’s that time once again in many parts of the country – time to put away the sunscreen and beach chairs, pack up those backpacks, get those school lunches together and start those carpools as its time to head back to school.

New Public Charge Rule Seen as Latest Effort to Tighten Legal Immigration

Jackson Lewis P.C. • August 19, 2019
Having focused on enforcement and illegal immigration, the Trump Administration has recently turned to legal immigration. The new Public Charge rule which will go into effect on October 15, 2019, absent court action, will make it harder for some foreign nationals to obtain green cards or even to secure or extend temporary non-immigrant status. What has been something that primarily affected family-based immigration may now affect some employers and their employees as well. Any workers with a family of four and an income of less than $64,000 (or 250% of the federal poverty guidelines) could be subject to the Public Charge Rule.

Benefits Outside the Box: Using a Charitable Foundation to Enhance Your Culture and Community

Jackson Lewis P.C. • August 19, 2019
If your Company leadership is looking for an innovative employee benefit – something outside the standard employee benefit package of retirement, health, and welfare benefits, a Company-sponsored charitable foundation might be your answer. A charitable foundation not only can further your Company culture while serving the community, but it also has tax benefits to boot.

EEO-1 Pay Data Batch Upload Now Available and New FAQs Released

Jackson Lewis P.C. • August 19, 2019
As scheduled, EEOC and NORC have now provided employers with a way batch upload their EEO-1 Component 2 pay data. Instructions and details are provided on the More Info Page on the NORC EEO-1 Component 2 website. Specifically, the following documents are currently available:

Checking Off USDOL's Regulatory Agenda

Fisher Phillips • August 19, 2019
While stakeholders await final regulations on the white-collar exemptions (a/k/a Overtime Rule 2.0), regular rate, and joint employment, WHD has started sending the White House more proposals – first tackling tips and the tip credit and followed closely by fluctuating workweek. We recently met with Wage and Hour Division Administrator Cheryl Stanton and other top officials and one thing is clear - the need for employers to prepare ASAP for 2020.

Keeping Compliant with Expanding State and Local Equal Pay Laws

Littler Mendelson, P.C. • August 19, 2019
Since 2016, hundreds of bills and dozens of new laws aimed at closing the pay gap have been introduced and enacted at both the state and local levels. These laws include jurisdiction-specific pay equity laws, salary history inquiry bans, and wage transparency protections. Each of these types of laws are described more fully below.

Turning up the Heat on Employers

Goldberg Segalla LLP • August 19, 2019
It’s hot outside. The rising temperature has implications for employers, specifically the responsibility to monitor employee health.

San Francisco Employers May Have to Pay More in Paid Parental Leave Benefits in 2020

Jackson Lewis P.C. • August 19, 2019
As Bay Area employers are well aware, San Francisco has several local employment-related ordinances that provide additional benefits to individuals performing work within the geographical boundaries of the City. One such benefit is paid parental leave.

Illinois Rolls Out Multiple New Employment Law Requirements

XpertHR • August 19, 2019
Illinois Governor JB Pritzker has signed broad legislation that will significantly impact employment practices in the Land of Lincoln. The measure rolled together several bills that had been proposed separately during the legislative session covering nondisclosure agreements, sexual harassment training, leave for domestic violence victims and workplace safety, among other topics.

The New York SHIELD Act: What Employers Need To Know

Littler Mendelson, P.C. • August 19, 2019
As mega-breaches heighten concern about the security of personal information and a federal solution does not appear forthcoming, New York recently joined the growing list of states imposing their own security obligations on businesses. On July 26, 2019, New York’s governor signed the “Stop Hacks and Improve Electronic Data Security” (SHIELD) Act, requiring businesses to implement safeguards for the “private information” of New York residents and broadening New York’s security breach notification requirements.
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