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Showing posts for: Karen Davis

Oct 23 2017
Affirmative ActionHarassment & Discrimination

OFCCP secures significant settlements from federal contractors

The Office of Federal Contract Compliance Programs (OFCCP) hustled to wrap up major financial settlements from federal contractors as the federal government’s fiscal year drew to a close on September 30, 2017. The settlements were the result of the OFCCP’s focus on hiring, placement (“steering”), and compensation practices during random affirmative action audits. Below are…

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Sep 19 2017
Q&A

Q&A: Don’t make any employment changes in light of DACA rescission

Answer: No, instead you should follow your normal Form I-9 process of following up when existing work authorizations expire. DACA was created by President Obama through an executive order that directed the Department of Homeland Security (DHS) to grant work permits for qualified people who entered the United States illegally as children. When DHS announced…

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Sep 19 2017
Affirmative ActionHarassment & Discrimination

OFCCP audit results in $3.22 million payment by B&H Foto

Following an affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP), federal contractor B&H Foto & Electronics Corp. has agreed to pay $3,220,000 in back pay and interest to affected workers. The OFCCP alleged that the company systematically discriminated against applicants and employees in its warehouse in Brooklyn Navy Yard, New York….

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Sep 07 2017
Wage and Hour

Overtime rule that would have increased salaries of exempt workers is dead

It appears that the Obama-era overtime rule that would have nearly doubled the minimum salary for white-collar workers exempt from overtime is now completely dead, thanks to a court decision and a Department of Labor (DOL) legal filing. As we previously reported, a federal district court in Texas put a preliminary hold on the overtime…

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Sep 05 2017
Wage and Hour

Alert: OMB revokes pay data portion of EEO-1 Report

To the relief of employers across the country, the Office of Management and Budget (OMB) has yanked approval for the controversial new pay data portion of the revised EEO-1 Report that would have taken effect in 2018. The OMB’s Office of Information and Regulatory Affairs informed the U.S. Equal Employment Opportunity Commission (EEOC) in a…

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Aug 22 2017
HiringImmigration

Form I-9 revised on July 17, 2017

Employers must begin using the updated version to verify new hires’ identity and employment eligibility no later than September 18, 2017. The USCIS also updated the Handbook for Employers (M-274) to make it consistent with the new Form I-9 and accompanying instructions. All of the revised documents are available on the USCIS web page for…

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Aug 15 2017
Safety and Health

Q&A: Make practical preparations for August 21 solar eclipse

Answer: A liability waiver is unlikely to do any good. If this is a company-sponsored activity, on company property, during regular working hours, then employees who burn their retinas looking at the sun without proper protection will almost certainly be eligible for workers’ compensation benefits. A more worthwhile approach is to educate employees on how…

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Aug 11 2017
Harassment & DiscriminationQ&ATermination & Resignation

Q&A: Free speech has limits in private employment (fired Google engineer)

Answer: The constitutional right to free speech protects people from the government interfering with their speech, but it doesn’t insulate them from non-governmental consequences of that speech. So, government employees have free speech rights under the U.S. Constitution, but employees of private employers don’t have constitutional rights related to their employment. Private employers still have…

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Aug 04 2017
Affirmative ActionHarassment & Discrimination

KPMG agrees to pay $420K to rejected Asian applicants

Following an affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP), KPMG LLP agreed to pay $420,000 in back pay, interest, and benefits to 60 Asian applicants it rejected for associate auditor jobs in New Jersey. The company also agreed to offer positions to 6 of the disappointed applicants as positions become…

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Jun 08 2017
OregonWage and Hour

OREGON: Equal pay act restricts wage history use & expands employer liability

As of the 91st day after the legislature adjourns this summer, employers are prohibited from asking applicants or employees for their salary history. The only exception is that employers may verify prior compensation as long as they first make an offer of employment that includes an amount of compensation and they obtain the worker’s written…

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Jun 02 2017
Harassment & DiscriminationWage and Hour

Layoffs, job restructuring, and wage freezes no excuse for unequal pay

Female Managers Sued Their Employer Under the Equal Pay Act The female managers sued under the federal Equal Pay Act (EPA), which generally requires women and men to be paid the same if they perform work of equal skill, effort, and responsibility, under similar working conditions. The only exceptions are if the difference in pay…

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May 16 2017
Affirmative Action

OFCCP announces significant financial settlements

Palantir Technologies, Inc. agreed to pay $1,659,434 to resolve allegations that the company’s hiring process, which included an employee referral program, discriminated against Asian applicants in three engineering positions. The company, which is located in Palo Alto, California, also agreed to offer jobs to 8 of the affected applicants (OFCCP press release 4/25/17 and consent…

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