Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Karen Davis

Photo of Karen Davis
May 11 2018
Wage and Hour  

California employers can’t rely on federal law to pay OT on flat bonus

The California Supreme Court has rejected federal law on overtime calculations for flat sum bonuses, ruling that state law requires a more worker-friendly calculation. An employer offered a flat bonus of $15 per day of weekend work for employees who worked a full shift on a Saturday or Sunday. Because…

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Photo of Karen Davis
May 09 2018
Affirmative Action  

OFCCP reveals selection method for latest wave of audits

For the first time in recent memory, the Office of Federal Contract Compliance Programs (OFCCP) has explained how it developed its first list of companies to audit in 2018 for affirmative action compliance. The agency cautioned that it may change its selection tactics in the future, and it has no…

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Photo of Karen Davis
May 08 2018
Wage and Hour  

9th Circuit says prior salary doesn’t justify pay differences under EPA

When setting wages for new hires, the Equal Pay Act (EPA) doesn’t allow consideration of prior salary, ruled the U.S. Ninth Circuit Court of Appeals. A female math consultant hired by a county school district sued when she discovered her male colleagues in the same position were earning more than she was.…

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Photo of Karen Davis
Apr 11 2018
Affirmative ActionHarassment & DiscriminationHiring  

Federal contractors settle with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has posted more settlements online, after employers with federal contracts agreed to settle allegations of discrimination in pay and hiring. The OFCCP had conducted affirmative action audits of the contractors. The companies below denied the agency’s allegations but eventually agreed to pay significant sums…

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Photo of Karen Davis
Apr 11 2018
Affirmative Action  

OFCCP updates VEVRAA hiring benchmark effective March 31, 2018

The Office of Federal Contract Compliance Programs (OFCCP) has announced that the hiring benchmark for veterans has dropped again, to 6.4 percent from 6.7 percent. The change took effect on March 31, 2018, which means that federal contractors with written affirmative action plan (AAP) dates on or after that date…

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Photo of Karen Davis
Mar 28 2018
 

Dodd-Frank whistleblowers protected only if they report to SEC

On February 21, 2018, the U.S. Supreme Court ruled that employees who report financial wrongdoing under the Dodd-Frank Wall Street Reform and Consumer Protection Act are protected from retaliation only if they make their reports to the Securities and Exchange Commission (SEC). The Supreme Court overruled a U.S. Ninth Circuit…

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Photo of Karen Davis
Mar 23 2018
Affirmative Action  

OFCCP will allow opportunity for input before issuing Notice of Violation

The Office of Federal Contract Compliance Programs (OFCCP) has announced a change in policy that will allow federal contractors an opportunity to rebut preliminary findings of discrimination before the agency issues an official Notice of Violation. Directive 2018-01 instructs OFCCP staff to always give federal contractors a Predetermination Notice if…

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Photo of Karen Davis
Mar 13 2018
Termination & ResignationWage and Hour  

No extra OT owed for bonus based on % of earnings in California

An employer’s award of a bonus based on a percentage of overtime earnings didn’t require any extra overtime payments, ruled a federal district court in California. The decision illustrates how a dispute over 12 cents can literally turn into a federal case. During one particular workweek, an employee earned $4.745 in overtime.…

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Photo of Karen Davis
Mar 01 2018
Affirmative Action  

OFCCP to adjust compliance evaluation process in 2018

The Office of Federal Contract Compliance Programs (OFCCP) will “rebalance the agency’s mix of scheduling and conducting” affirmative action audits in Fiscal Year 2018, according to the newly released FY 2017 Financial Report from the U.S. Department of Labor (DOL). The report acknowledges that since 2009, the OFCCP gradually conducted fewer and fewer audits…

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Photo of Karen Davis
Feb 27 2018
Affirmative Action  

Federal contractors: New corporate scheduling announcement letters released for 2018

Federal contractors, watch your mailbox for a corporate scheduling announcement letter from the Office of Federal Contract Compliance Programs (OFCCP). According to the agency’s website, 1,000 letters were mailed on February 1, 2018. The letters are a courtesy notice that a facility has been selected for an affirmative action audit to…

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