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Showing posts for: Karen Davis

Jul 20 2023
Affirmative Action

TikTok prohibited on devices used for work on federal contracts

In an interim rule that took effect immediately upon publication, new federal contracts will include a prohibition on having TikTok installed on any device used to fulfill the requirements of the contracts, including not only company-issued mobile devices but also employees’ personal mobile devices. The Department of Defense (DoD), General Services Administration (GSA), and National…

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Jul 20 2023
Affirmative ActionHarassment & Discrimination

Q&A: Federal contractors still subject to affirmative action duties

Question: Now that the Supreme Court has ruled that the affirmative action programs at Harvard and the University of North Carolina are unconstitutional, what does this mean for the written affirmative action plans (AAPs) that we’re required to maintain as a federal contractor? Answer: From a legal standpoint, the decision has no impact on federal…

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Jul 06 2023
Uncategorized

EEO-1 Report portal to open in Fall 2023

On June 29, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) announced on the EEO-1 Report website that it is delaying until Fall 2023 the launch of the portal for covered employers to file their 2022 EEO-1 Reports. EEO-1 Reports are normally due on March 31 of the year following the snapshot date covered by…

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Jul 06 2023
DisabilityHarassment & Discrimination

Undue hardship for religious accommodation must be substantial

The U.S. Supreme Court recently ruled that an employer who claims “undue hardship” as the reason for denying a worker’s request for a religious accommodation under Title VII of the Civil Rights Act must be able to show it would incur “substantial increased costs in relation to the conduct of its particular business.” This significantly…

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Jun 15 2023
Labor Relations

Supreme Court says employer can sue union for damaging product

On June 1, 2023, the U.S. Supreme Court ruled that a Washington concrete company could sue a union in state court for destroying its product when the union called a strike as soon as the company’s trucks were loaded with wet concrete and dispatched to deliver it. At least 16 drivers reversed course and returned…

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Jun 01 2023
Affirmative ActionHarassment & DiscriminationHiring

OFCCP secures settlements from federal contractors in early 2023

During the first five months of 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced some interesting financial settlements with federal contractors, although none of the companies admitted liability. Ordinarily, OFCCP settlements occur as the result of randomly scheduled affirmative action audits (compliance reviews) of federal contractors with at least 50 employees and a…

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Jun 01 2023
Leave LawsWorkers’ Comp

DOL clarifies FMLA intermittent leave calculation during holidays

On May 30, 2023, the U.S. Department of Labor (DOL)’s Wage and Hour Division published an opinion letter clarifying how holidays affect the calculation of intermittent leave under the federal Family and Medical Leave Act (FMLA) (Opinion Letter FMLA2023-2-A). The FMLA regulations at 29 CFR 825.200(h) already explain that: (1) if a holiday occurs during…

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May 04 2023
COVID-19Safety and Health

Federal contractor vaccine mandate to end effective May 12, 2023

On May 1, 2023, the White House announced that the COVID-19 (coronavirus) vaccine mandate and related safety protocols for federal contractors will end at 12:01 a.m. on May 12, 2023. This is the same time that the national COVID-19 public health emergency will officially be over. A notice on the Safer Federal Workforce web page for…

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May 04 2023
Affirmative ActionDisability

Federal contractors must use new disability self-ID form by 7/25/23

Employers with federal contracts must begin using a revised version of the voluntary disability self-identification form for applicants and employees no later than July 25, 2023. The existing form has an expiration date of May 31, 2023, but the Office of Federal Contract Compliance Programs (OFCCP) wanted to give employers 60 days’ notice of the…

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Apr 20 2023
Leave LawsOregon

OREGON: Changes likely to OFLA and Paid Leave Oregon

Employers should brace for likely changes to the Oregon Family Leave Act (OFLA) and Paid Leave Oregon (also called paid family and medical leave insurance, or PFMLI), which the 2023 legislature is considering in order to partially align the two laws. Normally we don’t report on proposed legislation because so much can change in the…

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Apr 06 2023
Labor RelationsWage and Hour

NLRB general counsel weighs in on severance agreements

On March 22, 2023, the general counsel for the National Labor Relations Board issued an internal staff memo explaining how to apply the Board’s recent decision that the confidentiality and nondisparagement provisions in an employer’s severance agreements violated the National Labor Relations Act (NLRA). The general counsel is the agency’s top enforcement lawyer, who approves…

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Mar 02 2023
Labor RelationsTermination & Resignation

Board invalidates confidentiality and nondisparagement clauses

The National Labor Relations Board recently ruled that confidentiality and nondisparagement provisions in an employer’s severance agreements with 11 employees were unlawful under the National Labor Relations Act (NLRA). The decision overturned a Trump-era decision which we previously reported, involving Baylor University Medical Center. The current Board wrote that “a severance agreement is unlawful if…

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