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June Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court: Title VII Claims to the EEOC are Merely Procedural and Not Jurisdictional to Courts
  2. U.S. Supreme Court: State Wage and Hour Rules Don’t Apply to Workers on the Outer Continental Shelf
  3. DOL Issued Updated Poster for Federal Contractors and Subcontractors
  4. California: July 1st REMINDERS for Employers
  5. Emeryville, CA: July 1st Minimum Wage Increase Paused for Small Independent Restaurants
  6. Colorado: Wage Garnishment Reform on the Horizon
  7. Connecticut: Minimum Wage Increasing to $15 an Hour
  8. Minneapolis, MN: Sick and Safe Time Rule Is Still Up in the Air
  9. Kansas City, MO: Bans Pre-Employment Salary History Inquiries
  10. Nevada: Mandatory Safety Training Expanded to Trade Show and Convention Workers
  11. New Jersey: Required Workplace Postings Receive an Update
  12. Texas: Dallas and San Antonio Paid Sick Leave Set to Go into Effect August 1st

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EEO-1 Component 2 Reporting for 2017 AND 2018 is Due September 30, 2019

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May 1, 2019

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The Equal Employment Opportunity Commission (EEOC) recently issued reinstatement of EEO-1 expanded data collection requirements and posted notice on its website that EEO-1 filers are required to submit Component 2 data for calendar years 2017 AND 2018 by September 30, 2019. (EEO-1 filers include employers with one hundred or more employees as well as certain contractors with more than fifty employees.) This has been an ongoing issue since the requirement to collect Component 2 data was implemented in 2016, and the Office of Management and Budget’s (OMB) attempt to block its implementation in 2017. As previously reported, in Nat’l Women’s Law Ctr. v. Office of Mgmt. & Budget, a federal judge in the D.C. Circuit Court stated that the OMB failed to demonstrate good cause for staying the release of the updated EEO-1 report form.

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Hold On to Your Hats – Expanded EEO-1 Pay Data May Need to Be Reported for 2018

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March 4, 2019

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A Washington, D.C. federal district court judge in National Women’s Law Center v. OMB recently stated that the previously revised EEO-1 report, including employee pay data, is the form employers should be using to submit their required Employer Information Report. In 2016, the EEOC proposed changes to its employer data collection requirements to add 12 pay bands for the 10 job categories that are tracked in EEO-1 reporting. After proposed revisions, the rule was approved by the Office of Management and Budget (OMB) and the revised EEO-1 form was issued. However, following the 2016 presidential election, the OMB directed the EEOC to issue a stay of the form’s release, which it did, and the EEOC subsequently removed the revised EEO-1 form from its website.

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EEOC Abandons the Incentives Sections of their Final Wellness Regulations

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January 1, 2019

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Effective January 1, 2019, the Equal Employment Opportunity Commission (EEOC) removed the incentives section of its final regulations on wellness programs under the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). The EEOC regulations previously addressed how the ADA and GINA applied to employee health and wellness programs, including set limits on incentives that could be offered by wellness programs (e.g., for submitting to a wellness medical exam).

In light of the EEOC’S actions, employers are now faced with limited guidance on how financial incentives may be offered as part of their wellness programs.  The EEOC stated new proposed regulations may be forthcoming, but are unlikely to be released before June 2019. Employers should review wellness programs with legal counsel and look for the EEOC’s updated guidance in the future.

Action Items

  1. Have wellness programs reviewed for compliance.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Seventh Circuit: ADEA Disparate Impact Protections Do Not Apply to Job Applicants

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January 23, 2019

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In Kleber v. CareFusion Corporation, the Seventh Circuit Court of Appeal stated that the disparate impact protections under the Age Discrimination in Employment Act (ADEA) do not apply to job applicants who are not current employees. Specifically, Section 4(a)(2) of the ADEA specifically states that it applies to “employees.” There, a job posting indicated a position available for an individual with “3 to 7 years (no more than 7 years)” of experience. A 58-year old applicant did not get an interview, and sued for disparate impact under the ADEA because the stated experience requirement necessarily excluded him due to his age.

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May Updates

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This Short List addresses the following topics:
  1. EEO-1 Deadline Delayed to June 1, 2018
  2. IRS Issues Guidance on Family and Medical Leave Tax Credit
  3. Veteran Hiring Benchmark Lowered for 2018
  4. IRS Rolls Back 2018 HSA Contribution Limit Change
  5. U.S. DOL Launches Payroll Audit Pilot Program
  6. U.S. Supreme Court Settles FLSA Status of Car Dealership Service Advisors
  7. California: Staffing Agencies Need Not Police Meal Periods
  8. Emeryville, California: Minimum Wage Update
  9. Michigan: Local Governments Prohibited from Limiting Employer Interview Inquiries
  10. Nevada: Minimum Wage Will Not Change in 2018
  11. Pennsylvania: State Supreme Court Says “Actual Damages” Include Non-Economic Damages Under Whistleblower Law
  12. West Virginia: Employers May Not Prohibit Firearm Storage in Personal Vehicles

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Revised EEO-1 Pay Data Reporting Requirement Blocked Indefinitely

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All Employers of 100+ Employees

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August 29, 2017

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Last year, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it would revise the EEO-1 form large employers must use to report demographic data about the workforce.  These changes manifested in the revision of “Component 2” of the form, which would have required employers to report employee FLSA classification and pay data based upon W-2s.  This information was originally intended to identify discriminatory pay practices.

On August 29, 2017, the Office of Information and Regulatory Affairs (“OIRA”) announced that it was suspending the Component 2 of the EEO-1 report indefinitely. For the time being, the Acting Chair of the EEOC announced that employers should use the EEO-1 survey form used in previous years to meet the filing deadline of March 31, 2018.

Action Items

  1. Be prepared to record EEO-1 related data on the previous years’ EEO-1 form.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2017 ManagEase, Incorporated.

September Updates

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This Short List addresses the following topics:
  1. The Recent Federal Overtime Exemption Rule is Diminishing
  2. NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
  3. EEOC Must Reconsider Wellness Regulations
  4. Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
  5. Arizona, Maryland, Wyoming:  Now Part of the E-Verify RIDE Program
  6. Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
  7. San Diego, CA:  Equal Pay Bill for City Contractors and Consultants
  8. Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
  9. Connecticut: Anti-Discrimination Protections Expanded for Veterans
  10. Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
  11. New Jersey:  Anti-Discrimination Protections for Military and Veterans Expanded
  12. New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
  13. Nevada: Pregnant Workers’ Fairness Act Poster Now Available
  14. North Carolina:  Fair Classification Act Emphasizes State Focus on Proper Employee Classification
  15. Texas: Hurricane Harvey Relief for Employees
  16. Washington:  New Biometric Information Protection law

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October Updates

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This HR Alert addresses the following topics:
  1. New Process Speeds up Federal Whistleblower Complaints in the West
  2. EEOC Issues Guidance on Retaliation and Related Issues
  3. Eighth Circuit: Extension on FMLA Leave is not a Reasonable ADA Accommodation
  4. California: Court of Appeals Comments Again on “Associational” Disability Discrimination
  5. California: Continuing to Lead the Nation in Inclusive Restroom Laws
  6. California: Vehicle Code Amended to Re-Address Electronic Devices While Driving
  7. Berkeley, CA: Minimum Wage Increased October 1, 2016
  8. Morristown, NJ: Paid Sick Time Law Passed (and then Delayed)

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