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Showing posts for: Karen Davis

May 06 2019
Wage and Hour

Two years of pay and hours data due by 9/30/19 for EEO-1 Report

Not only must employers submit data on pay and hours worked during 2018 on the newly expanded EEO-1 Report by September 30, 2019, but they must also include pay and hours data from 2017. The requirement to provide pay and hours data applies to employers with 100 or more employees. The U.S. Equal Employment Opportunity…

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Apr 30 2019
Wage and Hour

Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019

Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019 September 30, 2019, is the deadline for employers with at least 100 employees to submit data via a soon-to-be-expanded EEO-1 Report on their employees’ hours worked and W-2 wages from 2018, a federal judge ruled yesterday. Here are the key points to…

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Feb 13 2019
Uncategorized

OSHA eases up on safety incentives and post-accident drug testing

The guidance is based on federal regulations at 29 CFR 1904.35 which prohibit employers from discriminating against workers or firing them for reporting work-related injuries and illnesses. In its new announcement, OSHA retracted informal Obama-era guidance that took a strict approach in evaluating whether workplace safety incentives and post-accident drug testing might illegally discourage workers…

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Feb 08 2019
Safety and Health

OSHA cites employer after forklift crushes employee during maintenance

A forklift maintenance procedure at a Kansas drywall contractor turned tragic when a hydraulic cylinder in the process of being swapped out fatally crushed an employee. The federal Occupational Safety and Health Administration (OSHA) recently issued a press release announcing that it had cited the company for seven serious safety violations, with proposed penalties totaling…

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Feb 08 2019
Safety and Health

OSHA launches new inspection initiative based on 2016 data

Employers who reported high injury and illness rates in 2016, or who failed to report at all, will be targeted for inspections by the federal Occupational Safety and Health Administration (OSHA). Site-Specific Targeting The agency announced the directive, “Site-Specific Targeting 2016,” on October 16, 2018. States with their own safety programs, such as California, Oregon,…

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Jan 18 2019
Disability

EEOC rescinds rules on wellness incentive limits for now

Effective January 1, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) has officially rescinded its regulations that allowed employers to offer wellness incentives of up to 30 percent of the cost of employee-only health coverage. As we previously reported a year ago, a federal district court determined that the EEOC didn’t have fact-based evidence to…

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Jul 03 2018
CaliforniaWage and Hour

Penalty for missed rest periods in California includes all compensation

A federal district court in California has ruled that when calculating the additional one hour of pay at the regular rate for missed rest periods under California Labor Code 226.7, an employer must include not only base pay, but also commissions, incentives, and bonuses. A group of 4,481 home mortgage consultants filed a class action…

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May 29 2018
CaliforniaHarassment & DiscriminationOregon

Brace for impact of pay equity laws

With Starbucks’ recent announcement that the company has achieved 100 percent pay equity by race and gender for U.S. workers performing similar jobs, most employers are left wondering how Starbucks got there—and how they can get there, too. The topic of equal pay continues to make headlines, and California, Oregon, and Washington are at the…

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May 23 2018
HiringLabor Relations

ALERT: Supreme Court says new hires can waive class actions in arbitration agreements

The U.S. Supreme Court has ruled that employers may require new hires to agree that any employment disputes must be resolved by taking their claims to an arbitrator on an individual basis. The Court’s ruling allows employers to proactively prevent workers from later joining together to file class-wide lawsuits or arbitration claims, which can be…

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May 11 2018
CaliforniaWage 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 a flat bonus effectively increases…

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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 legal obligation to share them….

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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. The county defended…

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