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Showing posts for: Karen Davis

Jan 11 2017
Affirmative Action

Federal contractors close out 2016 with affirmative action settlements

Ameriprise Financial agreed to pay $128,200 in back wages and interest to 20 black employees in unlicensed service professional positions located in Minneapolis, Minnesota. The OFCCP looked at wages for the one-year period of February 19, 2013, through February 18, 2014, and determined that the differences in wages between the black employees and their white…

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Jan 10 2017
Affirmative Action

DOL updates affirmative action requirements for apprenticeship programs

The rules apply to all sponsors of apprenticeship programs officially registered with the DOL or with a recognized state apprenticeship agency. The rules take effect on January 18, 2017, but the requirements are phased in over a two-year period. The states have one year to submit draft language to the DOL bringing the state rules…

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Dec 12 2016
Wage and Hour

Changes to EEO-1 Report finalized for 2018

The U.S. Equal Employment Opportunity Commission (EEOC) announced final changes to its EEO-1 Report, which will require covered employers to report pay data and hours worked beginning in 2018. The new form is consistent with the agency’s latest proposal, on which we previously reported. Here are the highlights: No EEO-1 Reports will be due in…

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Nov 28 2016
Wage and Hour

Alert: Judge blocks rule increasing salary for workers exempt from overtime

A federal district court has temporarily blocked a U.S. Department of Labor (DOL) regulation that would have taken effect on December 1, 2016, and raised the minimum salary for workers who are exempt from overtime. The ruling applies nationwide. The judge’s action buys more time for the parties to argue whether the rule should be…

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Nov 21 2016
Harassment & Discrimination

EEOC issues enforcement guidance on retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on retaliation claims under the statutes it enforces, including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act. According to the…

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Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor Relations

Alert: 2016 ballot measures and election results will impact the workplace

CALIFORNIA: Voters approve recreational marijuana Californians voted to approve Proposition 64, the “Adult Use of Marijuana Act,” which legalizes the use of recreational marijuana in the state by individuals who are at least 21 years old. The new law protects individuals from criminal prosecution, but specifically preserves an employer’s right to enforce a drug-free workplace…

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Nov 03 2016
CaliforniaWage and Hour

CALIFORNIA: Two new laws increase scrutiny of employers’ wage decisions

Governor Brown has signed two companion bills designed to improve pay equity in the workplace. The first expands California’s groundbreaking pay equity law beyond gender so it also covers race and ethnicity (SB 1063). The second forbids employers from using prior salary as the sole justification for a pay disparity based on gender, race, or…

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Oct 18 2016
Affirmative ActionHarassment & DiscriminationWage and Hour

OFCCP wrings significant settlements from employers

The OFCCP uncovered the issues while conducting routine affirmative action audits, resulting in the following settlements: Chemonics International Inc., a company that supports economic development projects around the world, agreed to pay $418,243 in back wages and interest to 124 unsuccessful African-American applicants. The OFCCP examined the employer’s entry-level hiring process for professionals, and found…

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Aug 18 2016
Wage and Hour

Payroll timekeeping practices: Rounding policies are permitted as long as they are neutral

The U.S. Ninth Circuit Court of Appeals recently ruled that both federal and California law allow rounding of employee work time to the nearest quarter-hour. Rounding should be neutral and even out over time, meaning that employees could benefit from the rounding by receiving more pay just as easily as they could miss out on…

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Jul 28 2016
Leave LawsTermination & Resignation

Employer failed to properly account for overtime in FMLA calculations

Because an employee was subject to discipline if he missed overtime shifts for which he volunteered, the extra shifts were actually mandatory for purposes of calculating regular work hours under the federal Family and Medical Leave Act (FMLA), ruled the Eighth Circuit U.S. Court of Appeals. The company in this case improperly ignored all of…

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Jul 11 2016
Harassment & Discrimination

Sexual Orientation Discrimination: The EEOC Files First Lawsuits

In two ground-breaking lawsuits this past March, the U.S. Equal Employment Opportunity Commission (EEOC) alleges that under Title VII of the Civil Rights Act, “sex discrimination” includes discrimination on the basis of sexual orientation. This is a developing area of employment law, and these lawsuits are part of the EEOC’s national strategy to seek employment…

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Jun 10 2016
Affirmative ActionHarassment & Discrimination

Food distribution company to pay $1.85 million to settle entry-level hiring case

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that Gordon Food Service, Inc. will pay $1.85 million to resolve allegations that it systematically discriminated against women when hiring for entry-level warehouse laborer jobs at locations in Michigan, Wisconsin, and Kentucky. The money will be shared among 926 qualified female applicants who weren’t hired….

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