On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal prime contractors’ and first-tier subcontractors’ EEO-1 Type 2 Consolidated Reports for the period 2016-2020. On February 2, 2023, OFCCP released a list of contractors whose EEO-1 reports will be released unless they submit written objections no later than 11:59 p.m. EST on February 7, 2023.
Articles on U.S. Labor, Employment, Benefits & Immigration Law
ELEVENTH CIRCUIT REINFORCES FLUCTUATING WORKWEEK METHOD OF PAYING OVERTIME
The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an employee’s regular rate for all hours worked greater than forty in a workweek, instead of “time-and-a-half” pay for those hours. This method of pay — called the “fluctuating workweek method” — may be used when a nonexempt employee’s weekly hours vary.
Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?
The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears oral argument in Groff v. DeJoy, No. 22-174.
Bipartisan Bill to Ban Most Non-Compete Agreements Reintroduced in U.S. Senate
A bipartisan group of U.S. Senators has reintroduced a bill, dubbed the “Workforce Mobility Act of 2023,” that would largely ban the use of employer non-compete agreements nationwide as a matter of federal law.
The Year Ahead in Caffeinated Organizing
With a White House and NLRB that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023. Jackson Lewis principals Laura A. Pierson-Scheinberg and Felice B. Ekelman discuss what employers could or should do, especially since the “renaissance” is less governmental and more groundswell.
The Year Ahead in Expanding Privacy Laws: CCPA/CPRA, AI, Electronic Surveillance
The advanced technologies that facilitated much of the organizational productivity and business profitability during the pandemic will continue to raise legal and compliance issues in 2023. Listen as Jackson Lewis principals Jason C. Gavejian and Joseph J. Lazzarotti discuss the top issues data collection and use are causing for employers.
The Year Ahead in Cannabis Use Protections
As courts increasingly enforce applicable state and local laws that make marijuana legal instead of the federal law that makes it illegal, workplace substance abuse policies need a re-look. Jackson Lewis principals Catherine Cano and Kathryn Russo share insights on how the rapidly proliferating laws protecting marijuana and CBD are making marijuana issues for employers more complex.
What’s New in Paid Family and Medical Leave in 2023?
Changes to paid family and medical leave will occur in 10 states and the District of Columbia this year. This Insight provides an overview of these changes, links to relevant articles, and some bad puns.
Breaking News: OFCCP Posts List of Contractors Whose EEO-1 Data Will Be Released on February 8, 2023
In an attempt to give contractors a final opportunity to object to release of their EEO-1 data, OFCCP has posted a list of contractors for whom the Agency will release the reports in response to the FOIA request filed by the Center for Investigative Reporting.
OFCCP’s e-mail message states:
To
Beltway Buzz, February 3, 2023
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Judge Overrules Intern’s Service Dog Lawsuit Against Hospital
Service dogs are becoming increasingly common in workplace accommodations requested by employees that have disabilities. In January 2023, U.S. District Judge Paul D. Borman granted a hospital’s request for summary judgment after a student intern sued the facility for disability discrimination when her service dog accommodation was removed. A summary
Microsoft Plans to Warn All Employees of Termination with 60 Days Notice
Microsoft announced it would lay off 10,000 workers this month, on trend with other companies in the industry including Amazon and Meta. One of the largest tech companies in the world, Microsoft’s CEO, Satya Natella, referenced economic turbulence and suggested the company was strategizing for the next wave of
USCIS Announces Extension of Validity of Certain Green Cards
USCIS is extending the validity of conditional permanent residence cards, or green cards, for 48 months beyond the card’s expiration date.
The move is in response to the long processing delays for those filing petitions to remove conditions on residence – the Form I-751, Petition to Remove Conditions on Residence
DHS to Streamline Adjudication of Extension of Status, Change of Status, and Work Authorization Applications for Spouses and Children of Certain Visa Holders
On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas. As a result of the settlement, U.S. Citizenship and Immigration Services (USCIS) has agreed to resume its policy of adjudicating extension of status, change of status, and employment authorization applications filed
EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems
On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist testimony concerning the use of automated systems, including artificial intelligence, by employers in employment decisions.
Social Profiles