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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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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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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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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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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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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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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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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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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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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