As we have discussed in our prior blog posts in this series on the new OFCCP Regulations (which became effective on March 24, 2014), most of the new Regulations do not go into effect until the beginning of the contractor’s first plan year following March 24, 2014. Many contractors have delayed implementing these new requirements because their new plan year has not yet begun. The time for delaying is quickly coming to an end!
Labor Unions Want Your Email System Too!
If you have a union in your workplace, or if unions have tried to organize workers in your workplace, you know that unions need ways to communicate with your employees. Before the current digital age, unions relied primarily on communicating through informational picketing and leafleting, posters and mailings, and individual and group meeting to encourage unionization or to communicate with members and represented employees. Today, with the modern workplace and internet-connected workers, communications can be conducted far more quickly, efficiently, cheaply and often more effectively through electronic means, such as email. But historically, unions have not been permitted access to company email systems. The current rule is that “employees have no statutory right to use the[ir] Employer’s e-mail system” for non-work-related purposes. If unions and the current Presidential administration get their way, that all might change.
The Risky Business of Background Checks, Online and Otherwise
We recently posted on one of our firm’s other blogs, Information Intersection, about the joint guidance that was recently issued by the EEOC and FTC on employment background checks. While much of the content of both the employer and employee directed guidance is not new or surprising, these publications further
President Employs More Executive Measures to Press Equal Pay Agenda
Yesterday, President Obama signed an executive order and issued a presidential memorandum pressing his equal pay agenda. The executive order establishes that workers cannot be prevented from discussing their pay with other employees or applicants. Its declared target is to support efforts to eradicate gender-based pay disparities. Its aim though is probably more akin to using a hand-held mirror to shoot over your shoulder at the target.
Fines To Increase For Failing To Post Notice Of Anti-Discrimination Rights
The EEOC recently announced that it will double its fine for employers who violate the notice posting requirements of Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act, from $100 per violation to $210. The new rule will go into effect on April 18, 2014.
Affirmative Action: We’ve Got To Do It … But Is There Real Legal Risk?
Many in-house counsel and human resources officials are aware that their company, as a federal contractor, is required to engage in affirmative action. However, many are unaware of the significant risks associated with a compliance audit of their affirmative action program by the Office of Federal Contract Compliance Programs (“OFCCP”).
The Actual Cost of Thoughtless Comments
Last March, I wrote about a lawsuit the EEOC filed against a department store that allegedly refused to hire a woman because she was pregnant. In the post “Thoughtless Comments Make For Easy Pickings,” I noted some interesting accusations contained in the case — including that the pregnant woman claimed she was told that the hiring manager “had not had much luck hiring pregnant women” and that she should re-apply “after giving birth.”
HR Chat: 10 Questions with HR Law Matters
Name: Josalyn Gibson
Title: HR Director
Company: Southern Community Newspapers, Inc. (“SCNI”)
1. How many years have you been working in HR? 20 years.
2. Favorite thing about working in HR? Every day is different.
3. Best piece of advice you ever received about a career in HR? Never bring personal belongings into your office that you can’t take out in your purse.
Good Deeds & Good Karma
Over a year ago, I wrote our first blog post on HRLawMatters.com. It was about a favorite phrase of labor and employment lawyers: “No good deed goes unpunished.” It discussed how employers doing “good deeds” for employees was often the right thing, but that if not done thoughtfully and carefully, doing good deeds can lead to regrets and “punishment.”
Can the Need for “Mental Health Days” Count as a Serious Medical Condition under the FMLA?
Who has not felt like they needed to take a few days off from work to regroup and clear their minds before tacking your job’s many challenges? I call these days off “mental health days.” While everyone needs to take some time off (whether it’s over a weekend, extended vacation, or holiday), a federal district court in Florida has confirmed that the need for mental health days does not count as a serious medical condition under the Family and Medical Leave Act (“FMLA”).