I've been asking this a lot lately. Continue Reading ›
The times, they are a'changin'. Continue Reading ›
He'll be sworn in tonight. Continue Reading ›
And that's not all! Continue Reading ›
Tougher EEOC and OFCCP, a legal challenge at NLRB, and more. Continue Reading ›
He's not letting the grass grow under his feet. Continue Reading ›
Predictions from our attorneys in the practice areas that affect employers. Continue Reading ›
It's spring, and a young person's fancy turns to . . . Continue Reading ›
Here's a summary of what you may have missed over the holiday break. Continue Reading ›
A preview of coming attractions! Continue Reading ›
It's all pretty good news for employers. Continue Reading ›
On the heels of the exemption for Hurricane Harvey contractors, and given the additional widespread destruction caused by Hurricane Irma, the federal government has extended a deadline affecting federal contractors and subcontractors.
VETS-4212
The VETS-4212 report, which contractors must file annually between August 1 and September 30, has been extended this year for all contractors, regardless of location. The Veterans’ Employment and Training Service posted on its website that contractors and subcontractors who file their VETS-4212 reports by November 15 will be considered timely. This one-time, 45-day extension is due to the needs of those affected by the recent hurricanes.
HURRICANE IRMA NATIONAL INTEREST EXEMPTION FOR NEW CONTRACTS
As it did for Hurricane Harvey contractors previously, on September 7, the Office of Federal Contract Compliance Programs issued a another National Interest Exemption Memorandum providing a three-month exemption on preparing written affirmative action plans for a very specific group of contractors and subcontractors.
According to the FAQs, the exemption applies only to contractors who have signed or will sign a new supply and service or construction contract between September 1 and December 1, 2017, solely for the “specific purpose of providing Hurricane Irma relief” and who do not otherwise have to comply with the regulations.
Does this apply to everyone who has a contract to provide hurricane relief?
No. The exemption applies only to those companies that become covered contractors by virtue of a new contract aimed solely at providing Irma relief.
Who is not covered?
Any contractor that is required to comply with the regulations based on a non-Irma relief contract (whether that contract be old or new). Continue Reading ›
Laboratory Corporation of America has agreed to pay approximately $200,000 to resolve a matter with Office of Federal Contract Compliance Programs. According to the Conciliation Agreement between the parties, the OFCCP
found statistically significant adverse impact against females in the selection process for Lab Assistant and that Asians were paid less than similarly situated non-Asian White employees in the Lab Assistant position.
The alleged hiring discrimination resulted in a shortfall of only two females, and the amount of statistical significance was redacted from the Conciliation Agreement posted online by the OFCCP. To resolve this claim, LabCorp will distribute more than $51,000 to the affected class of female applicants. In addition, the company agreed to revise its selection process, “including the criteria used in each step of the hiring process, any application screens, interviews, tests, credit checks, review of criminal history, reference checks, testing, or other selection procedure;” to review and revise the job description for Lab Assistant “to minimize the potential for gender stereotyping”; and to list the minimum requirements for the Lab Assistant position on all job postings.
To resolve the allegations of compensation discrimination, LabCorp will pay almost $150,000 to Asian Lab Assistants who were allegedly paid less than their White counterparts, even after controlling for legitimate, non-discriminatory factors. In addition, the company must conduct its own regression analysis in six months, and if it reveals statistically significant adverse impact against Asians, LabCorp has agreed to increase their salaries.
Of course, LabCorp’s settlement with the agency is not an admission of liability or wrongdoing. Continue Reading ›
Based on a recent Senate appropriations bill, it appears that the Trump Administration’s plan to merge the Equal Employment Opportunity Commission with the Office of Federal Contract Compliance Programs has stalled. The
Senate bill would fund the OFCCP for Fiscal Year 2018 at approximately $103.5 million, which is more than the House’s proposed funding of $94.5 million. Congress would not be proposing funds for the agency if it planned to eliminate it.
This legislative action follows a letter from Acting OFCCP Director Thomas Dowd to the Institute for Workplace Equality on August 24, “acknowledg[ing] that the consolidation proposal includes several challenging transition issues.” Although Mr. Dowd did not expressly state that merger plans were on ice, he noted that any consolidation was unlikely to occur until Fiscal Year 2019 and that the agency would focus on “contemporaneous opportunities to improve effectiveness and efficiency.”
Perhaps Congress is listening to its constituents. The proposed merger was opposed by both civil rights advocacy groups and employer organizations, and my colleague Angelique Lyons cogently summarized the pros and cons here.
We will continue to monitor this issue for further developments. Continue Reading ›
Experts have estimated that it may cost as much as $180 billion to repair the damage done by Hurricane Harvey. With so much rebuilding to be done, the Office of Federal Contract Compliance Programs is temporarily waiving certain equal employment opportunity requirements to expedite Hurricane Harvey relief efforts. The deputy director has the authority to waive any part of the EEO clause in a specific contract or group of contracts “when he deems that special circumstances in the national interest so require.” (Scroll down to section (b)(1).)
On August 31, the Deputy Director of the OFCCP issued a memorandum temporarily exempting contractors providing Hurricane Harvey relief assistance from developing written affirmative action programs. The exemption applies to the affirmative action programs required by Executive Order 11246, Section 503 of the Rehabilitation Act, and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act. According to the memorandum, the EEO clauses in affected contracts may be modified to specify that “the contractor will not be obligated to develop the written affirmative action program required under the regulations implementing [EO11246, VEVRAA, Section 503 of the Rehabilitation Act of 1973, as amended].”
Although federal contractors providing Hurricane Harvey relief assistance will not have to develop written affirmative action programs, they will still be required to comply with other EEO requirements pertaining to record keeping, record retention, employment listings, and posting of the “Equal Opportunity is the Law” notice.
The affirmative action program exemption will last three months, but it may be extended “should special circumstances in the national interest so require.” Continue Reading ›
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College in Macon, Georgia.
In February 2016, the Office of Federal Contract Compliance Programs filed an administrative complaint against B&H Foto, the largest non-chain photo and video equipment store in the United States. The Complaint alleged that B&H had discriminated against female, black, and Asian jobseekers by hiring only Hispanic men for entry-level positions. The OFCCP also alleged that Hispanic employees were harassed, paid less than similarly situated workers, and denied promotions because of their ethnicity.
The agency and the company recently entered into a consent decree, in which B&H agreed to pay $3.22 million in back wages to more than 1,300 affected class members. The company has also agreed to hire a workplace consultant to address its employment practices and workplace conduct. In addition, the company must provide its managers with annual training on EEO principles and on workplace harassment.
By agreeing to the consent decree, the company did not admit any guilt or wrongdoing. The company released a statement denying all of the allegations, but recognizing that litigation would be costly and resolution would allow it to return to business “as usual” with the government. Continue Reading ›
By David Phippen of our Metro D.C. Office.
While the year is still young, here are 15 New Year's resolutions that employers may want to make:
1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.
2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)
It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
