Beginning September 11, 2018, USCIS immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
Articles on U.S. Labor, Employment, Benefits & Immigration Law
OFCCP’s New Compensation Directive – What You Need to Know
OFCCP’s new Directive on how the OFCCP will review federal contractors’ compensation practices during a compliance evaluation stresses a commitment to transparency and outlines how the Agency it will review data, group employees for analytical purposes, perform statistical analyses, and communicate findings with federal contractors.
Sixth Circuit Provides Expansive Due Process Rights in Title IX Cases
In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the presence of a neutral fact-finder in cases hinging on the credibility of such witnesses. Doe v. Baum, et al., Case No. 17-2213 (6th Cir. Sept. 7, 2018). By affirming that these rights apply in Title IX cases, the Doe decision calls into question the single-investigator model used by many educational institutions and suggests that institutions subject to Title IX in the Sixth Circuit may need to reconsider their Title IX policies and procedures in light of this ruling.
EEO-1 Reporting Deadline Still March 31
For over 50 years, by September 30, employers with 100 or more employees and federal contractors with at least 50 employees were required to submit an EEO-1 report to the Equal Employment Opportunity Commission (EEOC). The EEO-1 report provides the EEOC with data about the size, location, and race and gender demographics of an employer’s workforce. In 2017, due to proposed changes that would have required employers to also provide information on employee compensation and hours worked, the filing deadline for 2017 EEO-1 reports was changed to March 31, 2018. Although those changes were later withdrawn by the Office of Management and Budget, the new filing deadline stayed in place.
DOL Issues New FMLA Notices and Certification Forms
A write-up focused on what the DOL’s updated FMLA notices and certification forms mean for employers.
Third Circuit Holds Individual Plaintiffs Lack Standing for Some Alleged Violations of the FCRA’s Pre-Adverse Action Notice Requirement
On September 10, 2018, in Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the U.S. Court of Appeals for the Third Circuit joined the chorus of recent circuit court opinions tackling the question of constitutional standing to sue in federal court under the Fair Credit Reporting Act (FCRA).
Hurricane Florence Approaches – What Can Employers Anticipate?
Hurricane Florence shows no sign of relenting as it barrels toward Virginia and the Carolinas. Forecasters are currently considering Florence a category 4 storm, which could strengthen by the time it makes landfall later this week. Safety and security should be paramount as residents brace for the expected damage. The Federal Emergency Management Agency (FEMA) has published safety guidelines in relation to hurricanes, and we encourage all readers to take note of FEMA’s recommendations. When the storm passes, however, employers may face a myriad of employment law issues. Below are ten issues employers might need to consider once the storm passes.
OFCCP Mails Second Round of CSALs
On September 7, 2018, the Office of Federal Contract Compliance Programs (OFCCP) sent a second round of Corporate Scheduling Announcement Letters (CSALs) to 750 contractor establishments.1 The CSAL serves as OFCCP’s “heads up” letter to a contractor that its establishment is on the current compliance evaluation scheduling list.
Department of Labor Issues Updated FMLA Forms
On September 4, 2018, the Department of Labor issued new FMLA notices and certification forms. But don’t panic, the change was procedural in nature; no substantive changes were made to the forms.
Eighth Circuit Holds Individual Plaintiff Lacks Standing for Alleged Violations of the FCRA’s Authorization and Disclosure Requirement
On September 6, 2018, in Auer v. Trans Union, LLC, the U.S. Court of Appeals for the Eighth Circuit joined the Seventh Circuit in holding that an individual plaintiff did not have constitutional standing to sue in federal court under the Fair Credit Reporting Act (FCRA) for an alleged violation of the FCRA’s authorization and disclosure requirement. This is one in slew of recent federal circuit court opinions that address the threshold issue of standing. Standing is constitutionally required for the plaintiff to pursue his or her claim in federal court. In order to have standing, a plaintiff must show that he or she suffered a concrete “injury-in-fact” because of the defendant’s alleged wrongdoing. In Auer, the court held that the plaintiff failed to establish her standing and directed the trial court to dismiss the lawsuit.
Additional Information on OFCCP’s Latest Round of CSALs
As we reported last week, OFCCP has released a supplemental list of contractors who have been selected for audit by the Agency. In addition to release information about the supplemental list of CSALs, OFCCP also published a new FAQ addressing requests for extensions and a supplement to its recently disclosed scheduling methodology.
DOL Issues Employer-Friendly Opinion Letters
Executive Summary: Last week, on August 28, 2018, the U.S. Department of Labor (DOL) issued four Fair Labor Standards Act (FLSA) opinion letters. In welcome late-summer news to employers, each opinion is employer-friendly. Below is a summary of each.
NLRB Invalidates Voluntary Severance Agreements, Orders Reinstatement and Full Back Pay
The National Labor Relations Board has upheld an Administrative Law Judge’s decision to invalidate 11 severance agreements that provided payments to employees laid off shortly after an election in violation of the National Labor Relations Act. The 11 individuals were awarded full reinstatement and back pay. Terex, 366 N.L.R.B. No. 162 (Aug. 21, 2018). The Board found the factors set out in its decision in Independent Stave, 287 NLRB 740 (1987), weighed in favor of invalidating the severance agreements.
Group Asks Court to Require OSHA to Electronically Accept OSHA 300 Logs and 301 Forms
In response to OSHA’s announcement in May this year that the agency would not require the electronic submission of 300 Logs or 301 Forms for employers with establishments of 250 or more employees, Public Citizen, a consumer rights advocacy group, filed a lawsuit in the U.S. District Court for the District of Columbia challenging OSHA’s suspension of the requirement to electronically submit the 300 Log or 301 Forms.
Crossing the Pay Gap: Tips for Employers Considering Pay Adjustments to Achieve Pay Equity
With the #MeToo and #TimesUp movements re-energizing the focus on #EqualPay, employers increasingly may find themselves facing questions about how they are paying employees and what they are doing to help close the pay gap. A growing number of companies are adjusting their compensation programs to address pay equity concerns. In recent months, several large companies announced broad overhauls of pay and bonus plans in an effort to eliminate potential discrimination and achieve pay parity.