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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 without admitting liability….

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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 should begin using the 6.4…

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Mar 28 2018
Uncategorized

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 Court of Appeals decision on…

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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 the results of an affirmative…

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Mar 13 2018
CaliforniaTermination & 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. The employer provided…

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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 because…

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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 occur sometime in the…

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Feb 06 2018
Uncategorized

EEO-1 Reports due March 31, 2018

After more than a year off from filing annual EEO-1 Reports, covered employers must once again submit data on the race/ethnicity and gender of their workforce, sorted into 10 job categories. For many years, September 30 was the annual deadline, but the 2017 report was moved to March 31, 2018, as part of an Obama-era…

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Jan 22 2018
Affirmative Action

New OFCCP webpage highlights Native American program

The Office of Federal Contract Compliance Programs (OFCCP) has unveiled a new webpage highlighting its efforts to support the employment of Native Americans by federal contractors. The agency’s Indian and Native American Employment Rights Program (INAERP) has been around since 2013, but wasn’t widely publicized. Most of the webpage is geared toward workers, but it…

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Dec 12 2017
Safety and Health

No real winners in battle over intoxicated employee’s death after party

A New York appellate court recently ruled that a cancer treatment center wasn’t liable for the death of its 48-year-old employee who became extremely intoxicated at an annual department holiday party. The case serves as a sobering reminder, however, of the human consequences of a holiday event gone wrong. The party was organized by department…

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Nov 30 2017
IdahoOregonSafety and Health

ALERT: OSHA extends electronic filing deadline to December 15, 2017

The federal Occupational Safety and Health Administration (OSHA) recently announced that it is postponing its December 1, 2017, deadline for electronic filing of summary injury and illness data, to December 15, 2017. OSHA’s electronic reporting requirement currently applies to employers in Idaho, Oregon, and Montana. Employers in California and Washington don’t have to worry yet…

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Nov 27 2017
Harassment & DiscriminationHiringOregon

Oregon BOLI won’t enforce salary history bill until 2019

According to email correspondence with officials at BOLI, the agency ultimately determined that the new law doesn’t grant enforcement authority until January 1, 2019. The salary history provision was contained in one section of the Oregon Equal Pay Act (HB 2005), which also greatly expanded employers’ potential liability for pay differences among employees performing “comparable”…

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