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Showing posts for: Karen Davis

Oct 09 2013
Affirmative Action

2013 VETS 100/100A reporting extended

Because of problems with the launch of the 2013 VETS-100/100A reporting cycle, the U.S. Department of Labor has given federal contractors an extra month to submit their reports. The new deadline is October 31, 2013. Tips: Be careful to select the right snapshot date for your report. One of Vigilant’s members discovered that the online…

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Oct 03 2013
Q&AWage and Hour

Most bonuses require additional overtime calculation

A: No joke. Under the federal Fair Labor Standards Act (FLSA), the general principle is that a bonus essentially raises an employee’s regular rate (similar to an hourly shift differential). Unless a specific exception applies, wage and hour law dictates that you need to ensure that if any nonexempt employees worked overtime during the bonus…

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Oct 02 2013
Affirmative ActionDisabilityHiring

Understand what deadlines apply to new rules on veterans and disabilities

Employers with federal contracts or subcontracts need to understand their deadlines for coming into compliance with new affirmative action rules for veterans and people with disabilities. All covered federal contractors will have to comply with certain parts of the rules in March 2014 (180 days after publication in the Federal Register, which should happen any…

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Sep 26 2013
Affirmative Action

Home care operator settles charges it discriminated against male applicants

A provider of in-home care in Spokane, Washington, agreed to pay $92,059 to settle allegations of gender discrimination in its hiring process following an affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP). ResCare HomeCare Spokane explained that most of its clients were female, and preferred female caregivers. But the OFCCP found…

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Sep 17 2013
Affirmative Action

Federal contractor settles retaliation charges for more than $372,000

An employer with federal contracts agreed to pay $372,739 to settle claims that it gave minority workers unequal training in retaliation for being forced to hire them in the wake of an affirmative action audit. The Office of Federal Contract Compliance Programs (OFCCP) had previously found that Tufts Associated Health Plans Inc.’s hiring process for…

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Sep 11 2013
Affirmative Action

OFCCP releases new compliance manual

It took many years to get it done, but the Office of Federal Contract Compliance Programs (OFCCP) has completely revamped its manual providing guidance to its compliance officers on how to conduct affirmative action audits. The updated Federal Contract Compliance Manual (FCCM) is now posted on the agency’s website. It isn’t binding on employers, but…

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Aug 29 2013
Affirmative ActionDisability

ALERT: Major changes announced for vets and disabilities rules for federal contractors

Employers with federal contracts will have significant new obligations in affirmative action compliance for veterans and people with disabilities, under new regulations announced by the Office of Federal Contract Compliance Programs (OFCCP). The final rules will likely take effect in late February or early March 2014 (180 days after they’re published in the Federal Register,…

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Aug 22 2013
Wage and Hour

Overtime exemption for truck driver depends on vehicle weight rating, not load weight

Driving a truck with a light load weighing 10,000 pounds or less doesn’t necessarily entitle the driver to overtime, ruled a federal court of appeals. What matters is how heavy a load the vehicle is rated to carry.  If the truck has a gross vehicle weight rating (GVWR) of at least 10,001 pounds, then the…

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Jul 30 2013
Wage and Hour

Rest break rules for interstate CMV drivers went into effect July 1, 2013

The July 1, 2013, deadline has passed for commercial motor vehicle (CMV) drivers who drive in interstate commerce to begin taking mandatory rest breaks of at least 30 minutes after 8 hours of duty, if they want to drive later in the shift. The drivers must be completely off duty during this rest time, with…

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Jul 12 2013
Affirmative Action

Affirmative Action: Still waiting on disability and veterans regulations

Employers have been asking for a status update on the sweeping proposed changes to the affirmative action regulations on veterans and people with disabilities. The answer is that we’re still waiting. The Office of Federal Contract Compliance Programs (OFCCP) had hoped to get the final regulations out in April 2013. However, their efforts were complicated…

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Jul 01 2013
Labor Relations

Confidentiality instructions in investigations may violate NLRA

Imposing an across-the-board corporate policy requiring employees to keep investigations confidential violates the National Labor Relations Act (NLRA), said the Office of General Counsel for the National Labor Relations Board in a recent memorandum. Interestingly, the employer’s policy properly listed the four exceptions laid out in a previous Board decision, Banner Health System, dba Banner…

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Jul 01 2013
Affirmative Action

Alert: Supreme Court rules on harassment, discrimination, and affirmative action

The U.S. Supreme Court issued rulings on harassment, discrimination, and affirmative action yesterday. In the harassment case, the Court said an individual is considered a supervisor under Title VII of the Civil Rights Act only if he or she has the authority to make tangible employment decisions about the victim, such as hiring, firing, promoting,…

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