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Showing posts for: Karen Davis

Feb 08 2024
Affirmative Action

OFCCP kicks off FY 2024 with two financial settlements

The Office of Federal Contract Compliance Programs (OFCCP) has published two financial settlements that it secured from federal contractors early in its 2024 fiscal year—one as the result of a routine review of a functional affirmative action plan (AAP) and one as the result of an employee complaint: Michael Baker International Inc. agreed to pay…

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Jan 29 2024
Employee ClassificationsWage and Hour

DOL publishes FLSA rule on independent contractors vs. employees

The U.S. Department of Labor (DOL) has published a new regulation describing how to determine whether a worker is an independent contractor or employee under the federal Fair Labor Standards Act (FLSA). The regulation uses an “economic realities” test to evaluate whether the worker is economically dependent on the hiring entity (indicating employee status) or…

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Dec 07 2023
DisabilityDrug and AlcoholLeave Laws

Q&A: Know how to handle disclosure of need for alcohol treatment

Question: An employee in a safety-sensitive job came forward to say she’s going into a 28-day treatment program for alcohol use disorder. When she comes back, can we test for alcohol (return-to-duty and unannounced follow-up tests)? Answer: Maybe… so please ask your Vigilant Law Group employment attorney or other legal counsel to review your specific facts before…

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Nov 16 2023
Affirmative ActionHarassment & Discrimination

OFCCP obtains more financial settlements to end FY 2023

The Office of Federal Contract Compliance Programs (OFCCP) has posted a slew of last-minute financial settlements that were signed just before September 30, 2023, the end of the federal government’s 2023 fiscal year. All but one (which was in response to an individual complaint) resulted from the OFCCP conducting routine affirmative action audits of federal…

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Nov 02 2023
Employee ClassificationsLabor RelationsWage and Hour

NLRB expands interpretation of joint employment

The National Labor Relations Board (NLRB) recently issued a new regulation that broadly designates separate companies as joint employers for purposes of having a duty to comply with the National Labor Relations Act (NLRA). The rule affects potential joint employment relationships such as client employers and their staffing agencies, or franchisors and their franchisees, or…

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Oct 19 2023
Uncategorized

Federal contractors must notify employees of whistleblower rights

Most federal contractors and subcontractors are required to notify employees of their whistleblower rights to report misconduct related to the federal contracts, under a new regulation that takes effect on November 6, 2023. Most employers holding contracts with the Department of Defense (DoD) and the National Aeronautics and Space Administration (NASA) were already required to…

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Oct 05 2023
Labor Relations

NLRB issues rules to speed pace of union elections

As expected, the National Labor Relations Board has issued “quickie election” rules—new regulations that will likely shorten the amount of time between a union’s petition for an election and the date of the election itself. The changes apply to representation petitions filed on or after December 26, 2023 (88 Fed Reg 58076, August 25, 2023)….

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Oct 05 2023
Affirmative ActionWage and Hour

Federal contractor minimum wage rises January 1, 2024

The U.S. Department of Labor (DOL) has raised the minimum wage for certain federal contracts related to services and construction (not supplies) as of January 1, 2024. The amount of the increase depends on when your organization’s covered federal contract was signed or modified. For federal contracts signed, renewed, or extended on or after January…

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Oct 05 2023
Affirmative ActionDisabilityHarassment & Discrimination

Federal contractors settle discrimination claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has announced numerous financial settlements with federal contractors in recent months. Most settled allegations of hiring discrimination on the basis of race/ethnicity or gender, which came to light during the agency’s routine reviews of the companies’ affirmative action plans (AAPs). A few settlements were made after the…

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Sep 07 2023
Affirmative ActionHarassment & Discrimination

OFCCP expands data requests in audit scheduling letter

The Office of Federal Contract Compliance Programs (OFCCP) recently expanded the data requests in its Supply and Service Scheduling Letter and Itemized Listing, the letter it sends to federal contractors requiring submission of data within 30 days to kick off an affirmative action audit. The letter applies to OFCCP compliance reviews scheduled on or after…

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Aug 24 2023
Q&AWage and Hour

Q&A: Address shortened meal periods

Question: Nonexempt (overtime-eligible) employees normally get a 30-minute unpaid meal period, but we have a few people who choose to work through lunch or cut their meal period short. As long as it’s their choice, are we okay? Answer: Let’s start with federal law, but the final answer may be different depending on the state…

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Aug 24 2023
Leave LawsOregon

OREGON: Paid Leave Oregon bill addresses use of accrued leave

On July 13, 2023, Governor Tina Kotek signed into law a bill that makes numerous amendments to the Paid Leave Oregon statute, including clarification on the use of company-provided accrued paid leave. Effective on September 24, 2023, SB 913 removes language that indicated the use of any accrued paid leave to supplement Paid Leave Oregon…

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