Court Permanently Enjoins DOL Persuader Rule

Kollman & Saucier
Kollman & Saucier
11/18/2016
As we have previously reported,  in March 2016, the United States Department of Labor modified its 54 year old “Persuader Rule,” which applies to communication with employees regarding union activity. The proposed revisions significantly  restrict employer rights to be advised on how and what information can be disseminated to employees by providing burdensome reporting requirements on both the employer and the advisors -including...
read more

Federal Court Enjoins Enforcement of Fair Pay and Safe Workplaces Executive Order

Kollman & Saucier
Kollman & Saucier
10/28/2016
Readers of this blog are well aware of President Obama’s Fair Pay and Safe Workplaces Executive Order (Executive Order 13673), which would require certain federal contractors and subcontractors to disclose alleged “violations” of a number of federal labor laws.  That Order was set to go into effect on October 25, 2016 for prime contractors on solicitations and contracts estimated at $50 million or more.  The Order was to be phased in for...
read more

DOL Releases Guidance For Reporting Workplace Injuries

Kollman & Saucier
Kollman & Saucier
10/26/2016
On October 19, 2016, the Department of Labor released a guidance memorandum regarding employers’ policies on reporting workplace injuries and illnesses, and further outlined the prohibitions on retaliating for such reporting. In May 2016, OSHA published a final rule requiring employers to have in place reasonable procedures for reporting workplace injuries or illnesses and prohibiting employers from retaliating against employees who make such...
read more

The EEOC Identifies New Enforcement Priorities

Kollman & Saucier
Kollman & Saucier
10/20/2016
The EEOC takes a targeted approach to enforcement.  This enables EEOC staff focus more of their attention and the agency’s resources on a common set of priorities, presumably with more success and change for the better.  The EEOC tells everyone what types of cases have its attention and where enforcement efforts will be focused. On October 17, 2016, the EEOC approved a new strategic enforcement plan for the Fiscal Years 2017 through 2021.  The...
read more

Avoid Discrimination in the Form I-9 Process

Kollman & Saucier
Kollman & Saucier
10/20/2016
Employers must complete a Form I-9 for each new employee hired.  The purpose of the Form I-9 is to document that an employer has verified an employee’s identity and eligibility to work in the United States.  To complete the Form I-9 process, new employees may produce what is known as a “List A” document to establish their identity and work authorization.  These documents include a U.S. Passport for U.S. citizens, while non-citizens may...
read more

New EEOC Pay Reporting Requirements Begin Next Year

Kollman & Saucier
Kollman & Saucier
10/04/2016
On September 29, the EEOC finalized a revised pay data form  that employers and federal contractors with 100 or more employees will be required to submit on an annual basis beginning March 31, 2018, based on data collected for 2017.  Private employers with more than 100 employees and federal contractors with more than 50 employees have long been required to report employee race, ethnicity and sex to the EEOC based on 10 different job categories. ...
read more

DOL Publishes Final Rule On Paid Sick Leave

Kollman & Saucier
Kollman & Saucier
09/30/2016
On September 29, the Department of Labor (DOL) announced its Final Rule extending paid sick leave benefits to employees of certain federal contractors and subcontractors, and which essentially implements Executive Order 13706 from September 2015.  Here are some of the main features: Employers: The Final Rule will apply to any new contract (defined as new and replacement contracts entered into on or after January 1, 2017).  Contracts and all...
read more

Wells Fargo: Together We'll Go Far... Into The Abyss of Audit Hell

Kollman & Saucier
Kollman & Saucier
09/28/2016
Unless you are a contestant who just returned from participating in the 33rd season of Survivor: Millenials v. Gen X (yes, I still watch this show -- Every. Single. Episode.), you have undoubtedly heard about the Wells Fargo credit card scandal.  Nearly 5300 employees were fired after it was uncovered that millions and millions of credit card accounts were fraudulently opened without customer permission because of intense corporate pressure to meet...
read more

OSHA Issues Whistleblower Settlement Guidance

Kollman & Saucier
Kollman & Saucier
09/20/2016
On September 15, 2016, the Occupational Safety and Health Administration issued new guidance on proposed whistleblower settlements.  The new guidance, which can be found here and here, makes clear that language that contravenes public policy and statutory protections cannot be included in any whistleblower settlement agreement between a complainant and an employer. Among other things, OSHA will not approve language that prohibits an employee from...
read more

Court Rules Against EEOC On Transgender Discrimination Claim

On August 18, 2016, a federal district court ruled that a Michigan funeral home did not violate Title VII by firing a transgender employee, who was transitioning from male to female, because the employee intended to “dress as a woman” at work.  EEOC v. R.G. & G.R. Funeral Homes, Inc., E.D. Mich., No. 14-13710, 8/18/16 The U.S. District Court for the Eastern District of Michigan ruled the funeral home was entitled to a religious exemption...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Loading