Lexology
Lewis and Roca LLP
Howard E. Cole , Abbe M. Goncharsky and Alexandra G. Gormley
USA
February 28 2012
Last week the U.S. Department of Labor released an updated version of its “Certification of Health Care Provider for Employee’s Serious Health Condition (Family and Medical Leave Act)” form (Form WH-380-F, located at http://www.dol.gov/whd/forms/WH-380-E.pdf). This form is to replace the previous version of the form, which will expire on February 29, 2012.
However, the new version of the form still requests information about the diagnosis of the condition that forms the basis of the employee’s request for FMLA leave. This requirement violates Genetic Information Nondiscrimination Act (“GINA”), which strictly limits the disclosure and use of genetic information.
Full Story: http://www.lexology.com/library/detail.aspx?g=08f63db0-8e92-4685-b292-5c6abb566878&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-03-02&utm_term=
Showing posts with label DOL. Show all posts
Showing posts with label DOL. Show all posts
Tuesday, March 6, 2012
Tuesday, February 14, 2012
DOL issues proposed rules to expand FMLA’s provisions
Lexology
Day Pitney LLP
Kevin J. Skelly
USA
February 2 2012
On January 30, 2012, the United States Department of Labor (“DOL”) released a notice of proposed rulemaking to implement a 2009 statute that amended the military family leave benefits available under the Family and Medical Leave Act (“FMLA”).
As we previously posted, in 2008, Congress amended the FMLA to provide eligible employees with covered family members serving in the military with two different types of leave: military caregiver leave and qualified exigency leave. Military caregiver leave permits eligible employees to take up to 26 weeks of leave in a single 12-month period to care for a seriously injured or ill family member currently serving in the military. Qualified exigency leave permits eligible employees (whose spouse, child, or parent is called into active duty) to respond to certain situations that arise because of a call to active duty.
Full Story: http://www.lexology.com/library/detail.aspx?g=07656167-74c0-46f4-8de3-4f470cf486cc&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-02-14&utm_term=
Day Pitney LLP
Kevin J. Skelly
USA
February 2 2012
On January 30, 2012, the United States Department of Labor (“DOL”) released a notice of proposed rulemaking to implement a 2009 statute that amended the military family leave benefits available under the Family and Medical Leave Act (“FMLA”).
As we previously posted, in 2008, Congress amended the FMLA to provide eligible employees with covered family members serving in the military with two different types of leave: military caregiver leave and qualified exigency leave. Military caregiver leave permits eligible employees to take up to 26 weeks of leave in a single 12-month period to care for a seriously injured or ill family member currently serving in the military. Qualified exigency leave permits eligible employees (whose spouse, child, or parent is called into active duty) to respond to certain situations that arise because of a call to active duty.
Full Story: http://www.lexology.com/library/detail.aspx?g=07656167-74c0-46f4-8de3-4f470cf486cc&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-02-14&utm_term=
Tuesday, January 17, 2012
DOL issues fact sheets on retaliation
Lexology.com
Littler Mendelson PC
Ilyse Schuman
USA
January 4 2012
The Department of Labor’s Wage and Hour Division (WHD) has issued three new fact sheets on unlawful retaliation under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
Fact Sheet number 77A: Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA), briefly discusses the prohibitions, coverage and enforcement issues related to section 15(a)(3) of the FLSA, which makes it a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.” The fact sheet explains that covered complaints may be made orally or in writing, and that most courts have concluded that the FLSA’s retaliation protections extend to internal complaints as well.
Full Story: http://www.lexology.com/library/detail.aspx?g=3fe26731-5287-44bd-a662-403d91599b0e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-17&utm_term=
Littler Mendelson PC
Ilyse Schuman
USA
January 4 2012
The Department of Labor’s Wage and Hour Division (WHD) has issued three new fact sheets on unlawful retaliation under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
Fact Sheet number 77A: Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA), briefly discusses the prohibitions, coverage and enforcement issues related to section 15(a)(3) of the FLSA, which makes it a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.” The fact sheet explains that covered complaints may be made orally or in writing, and that most courts have concluded that the FLSA’s retaliation protections extend to internal complaints as well.
Full Story: http://www.lexology.com/library/detail.aspx?g=3fe26731-5287-44bd-a662-403d91599b0e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-17&utm_term=
Monday, December 5, 2011
American Association for Affirmative Action Commends the Obama Administration for Supporting Equal Opportunity and Diversity
American Association for Affirmative Action Commends the Obama Administration for Supporting Equal Opportunity and Diversity in Education Programs
Association of Equal Opportunity Professionals Applauds the Departments of Education and Justice for Issuing Guidance that Supports Educational Opportunities for All Students
For Immediate Release
December 5, 2011
Contact:
Shirley J. Wilcher, Executive Director
202-349-9855; 240-893-9475
Washington, DC, December 5, 2011 – The American Association for Affirmative Action (AAAA), an organization of more than one thousand equal opportunity, affirmative action and diversity professionals and institutions highly commends the Obama Administration for issuing guidance that recognizes the “benefits that flow from achieving a diverse student body.” Citing the U.S. Supreme Court’s 2003 decisions in Gratz and Grutter v. Bollinger the US Departments of Education and Justice issued a joint guidance document that explains what colleges and universities can lawfully do to promote a diverse student body. In so doing, the Obama Administration has stated unequivocally that educational institutions can voluntarily consider race among other factors to promote student body diversity.
“What the Departments of Education and Justice have done is to correctly interpret the Supreme Court’s decisions and to allay any concerns that colleges and universities may have had that their efforts to achieve a diverse student body were inconsistent with the law,” said AAAA President Gregory T. Chambers. “The Administration rightly acknowledged that programs to promote access, equity and diversity benefit all students and assist those who have been historically disadvantaged to compete in the global marketplace,” Chambers added.
OCR and Justice acknowledged the legal necessity of seeking race-neutral alternatives unless they are unworkable and of using a holistic and individual assessment of the student, with race as one of many factors. Institutions can also use socio-economic status, geography, a history of hardships, or percentage plans as in the State of Texas, as additional considerations. What is significant is that the Administration has encouraged recruitment to broaden the pool of qualified applicants, partnerships with Historically Black Colleges and Universities (HBCUS) and “feeder schools” that are identifiable based on their demographics. This expands upon the range of schools that selective colleges and universities may currently use in their admissions considerations; schools that heretofore (e.g. college prep schools) may have benefited only students who were economically or racially advantaged.
Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. We assist our members to be more successful and productive in their careers. We also promote understanding and advocacy of affirmative action to enhance access, equity and diversity in employment, economic and educational opportunities.
Association of Equal Opportunity Professionals Applauds the Departments of Education and Justice for Issuing Guidance that Supports Educational Opportunities for All Students
For Immediate Release
December 5, 2011
Contact:
Shirley J. Wilcher, Executive Director
202-349-9855; 240-893-9475
Washington, DC, December 5, 2011 – The American Association for Affirmative Action (AAAA), an organization of more than one thousand equal opportunity, affirmative action and diversity professionals and institutions highly commends the Obama Administration for issuing guidance that recognizes the “benefits that flow from achieving a diverse student body.” Citing the U.S. Supreme Court’s 2003 decisions in Gratz and Grutter v. Bollinger the US Departments of Education and Justice issued a joint guidance document that explains what colleges and universities can lawfully do to promote a diverse student body. In so doing, the Obama Administration has stated unequivocally that educational institutions can voluntarily consider race among other factors to promote student body diversity.
“What the Departments of Education and Justice have done is to correctly interpret the Supreme Court’s decisions and to allay any concerns that colleges and universities may have had that their efforts to achieve a diverse student body were inconsistent with the law,” said AAAA President Gregory T. Chambers. “The Administration rightly acknowledged that programs to promote access, equity and diversity benefit all students and assist those who have been historically disadvantaged to compete in the global marketplace,” Chambers added.
OCR and Justice acknowledged the legal necessity of seeking race-neutral alternatives unless they are unworkable and of using a holistic and individual assessment of the student, with race as one of many factors. Institutions can also use socio-economic status, geography, a history of hardships, or percentage plans as in the State of Texas, as additional considerations. What is significant is that the Administration has encouraged recruitment to broaden the pool of qualified applicants, partnerships with Historically Black Colleges and Universities (HBCUS) and “feeder schools” that are identifiable based on their demographics. This expands upon the range of schools that selective colleges and universities may currently use in their admissions considerations; schools that heretofore (e.g. college prep schools) may have benefited only students who were economically or racially advantaged.
Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. We assist our members to be more successful and productive in their careers. We also promote understanding and advocacy of affirmative action to enhance access, equity and diversity in employment, economic and educational opportunities.
Monday, November 21, 2011
Veterans with Disabilities Need Multi-Prong Approach for Employment, EEOC Told at Meeting
US Equal Employment Opportunity Commission
PRESS RELEASE
11-16-11
Commission Also Votes to Approve Age Discrimination Regulations
WASHINGTON—Veterans with disabilities have unique needs in transitioning to and retaining civilian employment, and many are unaware that they are protected by the Americans with Disabilities Act (ADA), a panel of experts told the U.S. Equal Employment Opportunity Commission (EEOC) at a public meeting held today. The panel included representatives from the Department of Veterans Affairs (VA), Department of Labor (DOL), Office of Personnel Management (OPM), Department of Defense (DOD) and private sector stakeholders, including the U.S. Chamber of Commerce. The meeting was one of a series the EEOC has held to examine barriers to employment.
“Today’s Commission meeting provided an important opportunity to learn effective ways to remove barriers to employment for veterans with disabilities,” said EEOC Chair Jacqueline A. Berrien.
“Veterans with disabilities often remain a distinct segment of the disability community, which challenges traditional avenues of outreach,” said Heather Ansley of the Consortium for Citizens with Disabilities. Moreover, veterans with disabilities “are not immune to the myths that surround the employment of people with disabilities.”
Panelists pointed out the important role of employment in easing a veteran’s return to civilian life and recovery from injuries. The VA and DOL have programs providing vocational rehabilitation services and job training for veterans with disabilities. DOL also enforces a specific law prohibiting discrimination against former service members—the Uniformed Services Employment and Reemployment Act. Additionally, the DOL’s Office of Federal Contract Compliance Programs (OFCCP) insures that federal contractors comply with laws giving veterans priority referrals to job openings and not discriminate on the basis of disability, Claudia Gordon, special assistant to OFCCP director Patricia Shiu told the Commission.
Ruth Fanning, Director of Vocational Rehabilitation and Employment Services for the VA, stressed the need for early intervention in the transition from active duty to civilian life. Encouraging injured veterans to plan and work toward civilian career goals “reduces the risk of homelessness, underemployment, or unsuitable employment after discharge from the military.” As George M. Parker, Director of Compliance and Investigations of the Veterans Employment and Training Service (VETS) of the DOL put it, “for wounded and injured veterans, employment can play a significant role in the road to recovery.”
Disabled veterans face special challenges, a number of panelists told the Commission, especially those returning from service in Iraq and Afghanistan who may have traumatic brain injuries (TBI) or post-traumatic stress disorder (PTSD), which many employers do not know how to accommodate. The DOL’s Job Accommodation Network (JAN) provides special resources for employers who need to learn more about how to accommodate veterans with PTSD and TBI, said Anne Hirsh, JAN’s co-director.
Ironically, the increased attention to veterans with conditions like TBI, PTSD and other mental health issues has made some employers hesitant to hire veterans at all, believing that all veterans are likely to have these conditions, Ansley told the Commission. Stereotypical views of mental health issues, rooted in suspicion and fear, “often lead to widespread discrimination against people with conditions like PTSD.”
The EEOC works to combat these myths and stereotypes about veterans with disabilities, said EEOC Senior Attorney-Advisor Joyce Walker-Jones. In 2008, the Commission issued two guides—one for veterans, the other for employers—explaining how the ADA and USERRA protect veterans with disabilities. “We issued the guides because we wanted veterans to know what the ADA is, and employers to know that many veterans with disabilities are able to—and want to—work,” she stated.
Other panelists included Dinah Cohen, Director of the Computer/Electronic Accommodations Program of the Department of Defense, and Ray Decker, Assistant Director for Veterans Services at the U.S. Department of Personnel Management.
In an unrelated matter, the Commission voted 3—2 at the meeting to approve the “Final Regulation on Disparate Impact and Reasonable Factors Other than Age” under the Age Discrimination in Employment Act. The regulation now goes to the U.S. Office of Management and Budget (OMB) for review. Upon OMB approval, the text of the regulation will be made public in the Federal Register.
The EEOC enforces the federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/11-16-11.cfm
PRESS RELEASE
11-16-11
Commission Also Votes to Approve Age Discrimination Regulations
WASHINGTON—Veterans with disabilities have unique needs in transitioning to and retaining civilian employment, and many are unaware that they are protected by the Americans with Disabilities Act (ADA), a panel of experts told the U.S. Equal Employment Opportunity Commission (EEOC) at a public meeting held today. The panel included representatives from the Department of Veterans Affairs (VA), Department of Labor (DOL), Office of Personnel Management (OPM), Department of Defense (DOD) and private sector stakeholders, including the U.S. Chamber of Commerce. The meeting was one of a series the EEOC has held to examine barriers to employment.
“Today’s Commission meeting provided an important opportunity to learn effective ways to remove barriers to employment for veterans with disabilities,” said EEOC Chair Jacqueline A. Berrien.
“Veterans with disabilities often remain a distinct segment of the disability community, which challenges traditional avenues of outreach,” said Heather Ansley of the Consortium for Citizens with Disabilities. Moreover, veterans with disabilities “are not immune to the myths that surround the employment of people with disabilities.”
Panelists pointed out the important role of employment in easing a veteran’s return to civilian life and recovery from injuries. The VA and DOL have programs providing vocational rehabilitation services and job training for veterans with disabilities. DOL also enforces a specific law prohibiting discrimination against former service members—the Uniformed Services Employment and Reemployment Act. Additionally, the DOL’s Office of Federal Contract Compliance Programs (OFCCP) insures that federal contractors comply with laws giving veterans priority referrals to job openings and not discriminate on the basis of disability, Claudia Gordon, special assistant to OFCCP director Patricia Shiu told the Commission.
Ruth Fanning, Director of Vocational Rehabilitation and Employment Services for the VA, stressed the need for early intervention in the transition from active duty to civilian life. Encouraging injured veterans to plan and work toward civilian career goals “reduces the risk of homelessness, underemployment, or unsuitable employment after discharge from the military.” As George M. Parker, Director of Compliance and Investigations of the Veterans Employment and Training Service (VETS) of the DOL put it, “for wounded and injured veterans, employment can play a significant role in the road to recovery.”
Disabled veterans face special challenges, a number of panelists told the Commission, especially those returning from service in Iraq and Afghanistan who may have traumatic brain injuries (TBI) or post-traumatic stress disorder (PTSD), which many employers do not know how to accommodate. The DOL’s Job Accommodation Network (JAN) provides special resources for employers who need to learn more about how to accommodate veterans with PTSD and TBI, said Anne Hirsh, JAN’s co-director.
Ironically, the increased attention to veterans with conditions like TBI, PTSD and other mental health issues has made some employers hesitant to hire veterans at all, believing that all veterans are likely to have these conditions, Ansley told the Commission. Stereotypical views of mental health issues, rooted in suspicion and fear, “often lead to widespread discrimination against people with conditions like PTSD.”
The EEOC works to combat these myths and stereotypes about veterans with disabilities, said EEOC Senior Attorney-Advisor Joyce Walker-Jones. In 2008, the Commission issued two guides—one for veterans, the other for employers—explaining how the ADA and USERRA protect veterans with disabilities. “We issued the guides because we wanted veterans to know what the ADA is, and employers to know that many veterans with disabilities are able to—and want to—work,” she stated.
Other panelists included Dinah Cohen, Director of the Computer/Electronic Accommodations Program of the Department of Defense, and Ray Decker, Assistant Director for Veterans Services at the U.S. Department of Personnel Management.
In an unrelated matter, the Commission voted 3—2 at the meeting to approve the “Final Regulation on Disparate Impact and Reasonable Factors Other than Age” under the Age Discrimination in Employment Act. The regulation now goes to the U.S. Office of Management and Budget (OMB) for review. Upon OMB approval, the text of the regulation will be made public in the Federal Register.
The EEOC enforces the federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/11-16-11.cfm
Monday, October 24, 2011
PROPOSED CHANGES TO CURRENT POPULATION SURVEY (CPS) DISABILITY SUPPLEMENT
OFCCP Blog Spot
by Art Gutman Ph.D., Professor, Florida Institute of Technology
Friday, October 21, 2011
In a release dated 10/19/11, the DOL announced proposed changes to the CPS Disability Supplement survey. The proposed changes are in accord with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C.3506(c)(2)(A)]. According to the announcement, the Bureau of Labor Statistics (BLS) will issue an information collection request (ICR).
Full Story: http://ofccp.blogspot.com/2011/10/proposed-changes-to-current-population.html
by Art Gutman Ph.D., Professor, Florida Institute of Technology
Friday, October 21, 2011
In a release dated 10/19/11, the DOL announced proposed changes to the CPS Disability Supplement survey. The proposed changes are in accord with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C.3506(c)(2)(A)]. According to the announcement, the Bureau of Labor Statistics (BLS) will issue an information collection request (ICR).
Full Story: http://ofccp.blogspot.com/2011/10/proposed-changes-to-current-population.html
Monday, October 3, 2011
Agencies target independent contractor status: the death knell of such relationships?
Lexology.com
Rothschild LLP
Keith Reinfeld
USA
September 26 2011
On September 19, 2011, the leaders of the U.S. Department of Labor (“DOL”), Internal Revenue Service, and eleven state agencies entered into a “memo of understanding” to work together to “end the practice of misclassifying employees” as independent contractors. The participating agencies claim that some employers classify their workers as independent contractors, rather than as employees, to avoid paying payroll taxes and required compensation to employees. The “memo of understanding” will enable the federal and state agencies to share information and coordinate the enforcement of both tax and wage and hour laws.
According to Labor Secretary, Hilda Solis, “Misclassifying employees can result in workers being denied the minimum wage, overtime pay, unemployment insurance, and workers’ compensation benefits.” Secretary Solis further stated, “This makes it harder for low-wage workers to put food on the table and provide for their families. It means a greater chance of working in unsafe conditioned and not being compensated when hurt on the job.”
Full Story: http://www.lexology.com/library/detail.aspx?g=10e31eab-dec3-407e-8b74-3e30ae13849c&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-03&utm_term=
Rothschild LLP
Keith Reinfeld
USA
September 26 2011
On September 19, 2011, the leaders of the U.S. Department of Labor (“DOL”), Internal Revenue Service, and eleven state agencies entered into a “memo of understanding” to work together to “end the practice of misclassifying employees” as independent contractors. The participating agencies claim that some employers classify their workers as independent contractors, rather than as employees, to avoid paying payroll taxes and required compensation to employees. The “memo of understanding” will enable the federal and state agencies to share information and coordinate the enforcement of both tax and wage and hour laws.
According to Labor Secretary, Hilda Solis, “Misclassifying employees can result in workers being denied the minimum wage, overtime pay, unemployment insurance, and workers’ compensation benefits.” Secretary Solis further stated, “This makes it harder for low-wage workers to put food on the table and provide for their families. It means a greater chance of working in unsafe conditioned and not being compensated when hurt on the job.”
Full Story: http://www.lexology.com/library/detail.aspx?g=10e31eab-dec3-407e-8b74-3e30ae13849c&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-03&utm_term=
Monday, August 22, 2011
Secretary of Labor Hilda L. Solis announces $1.6 million in funding for the 'Add Us In' initiative
U.S. Department of Labor
Office of Disability Employment Policy
ODEP News Release: [08/04/2011]Contact Name: Gloria Della or Bennett GamblePhone Number: (202) 693-8666 or x4667Release Number: 11-1141-NAT
WASHINGTON — Today at the National Disability Forum in Washington, Secretary of Labor Hilda L. Solis announced the availability of approximately $1.6 million in funding for the Add Us In initiative, which will fund up to three cooperative agreements with allotments ranging from $500,000 to $550,000 each.
The initiative is designed to increase the ability of companies to employ individuals with disabilities, particularly businesses owned and operated by African-Americans; Asian-Americans and Pacific Islanders; Latinos; members of federally recognized tribes and Native Americans; lesbian, gay, bisexual and transgender individuals; and women.
"The Labor Department is committed to ensuring that every American who wants a job can find one, including people with disabilities. The Add Us In initiative will help businesses develop strategies to provide a broader range of employment opportunities for this underutilized group of workers," said Secretary Solis.
Eligible applicants are consortia having representation from each of the following four organization types: 1) An association of targeted businesses, a business association located in a target population community, or other similar entity; 2) a disability-serving organization; 3) a local workforce investment board or other organization with demonstrated experience in providing training and employment-related support services, such as a One-Stop Career Center; 4) and a youth-serving organization.
In addition to developing models, strategies and policies to improve employment opportunities for people with disabilities, a consortium must also form and strengthen connections among the four organization types by building a network of disability and diversity experts.
The full announcement for this grant opportunity can be found at http://www.dol.gov/odep/Addusin. Applications will be accepted until Sept. 2.
http://www.dol.gov/opa/media/press/odep/odep20111141.htm
Office of Disability Employment Policy
ODEP News Release: [08/04/2011]Contact Name: Gloria Della or Bennett GamblePhone Number: (202) 693-8666 or x4667Release Number: 11-1141-NAT
WASHINGTON — Today at the National Disability Forum in Washington, Secretary of Labor Hilda L. Solis announced the availability of approximately $1.6 million in funding for the Add Us In initiative, which will fund up to three cooperative agreements with allotments ranging from $500,000 to $550,000 each.
The initiative is designed to increase the ability of companies to employ individuals with disabilities, particularly businesses owned and operated by African-Americans; Asian-Americans and Pacific Islanders; Latinos; members of federally recognized tribes and Native Americans; lesbian, gay, bisexual and transgender individuals; and women.
"The Labor Department is committed to ensuring that every American who wants a job can find one, including people with disabilities. The Add Us In initiative will help businesses develop strategies to provide a broader range of employment opportunities for this underutilized group of workers," said Secretary Solis.
Eligible applicants are consortia having representation from each of the following four organization types: 1) An association of targeted businesses, a business association located in a target population community, or other similar entity; 2) a disability-serving organization; 3) a local workforce investment board or other organization with demonstrated experience in providing training and employment-related support services, such as a One-Stop Career Center; 4) and a youth-serving organization.
In addition to developing models, strategies and policies to improve employment opportunities for people with disabilities, a consortium must also form and strengthen connections among the four organization types by building a network of disability and diversity experts.
The full announcement for this grant opportunity can be found at http://www.dol.gov/odep/Addusin. Applications will be accepted until Sept. 2.
http://www.dol.gov/opa/media/press/odep/odep20111141.htm
New Tool Could Help Identify Pay Discrimination, OFCCP Says
HR.BLR.Com
August 12, 2011
The DOL's Office of Federal Contract Compliance Programs (OFCCP) announced possible plans to develop a compensation data tool that would affect federal contractors and subcontractors. The tool would collect information on salaries, wages, and other benefits paid to employees of federal contractors and subcontractors.
Full Story: http://hr.blr.com/HR-news/Discrimination/Government-Contractors/New-Tool-Could-Help-Identify-Pay-Discrimination-OF/
August 12, 2011
The DOL's Office of Federal Contract Compliance Programs (OFCCP) announced possible plans to develop a compensation data tool that would affect federal contractors and subcontractors. The tool would collect information on salaries, wages, and other benefits paid to employees of federal contractors and subcontractors.
Full Story: http://hr.blr.com/HR-news/Discrimination/Government-Contractors/New-Tool-Could-Help-Identify-Pay-Discrimination-OF/
Monday, July 4, 2011
US Labor Department restores and updates Functional Affirmative Action Program process for federal contractors and subcontractors
U.S. Department of Labor For Immediate Release June 28, 2011
Office of Public Affairs Contact: Jason Surbey Dolline Hatchett
Washington, D.C. Phone: 202-693-4668 202-693-4651
Release Number: 11-973-NAT Email: surbey.jason@dol.gov hatchett.dolline@dol.gov
US Labor Department restores and updates Functional Affirmative Action Program process for federal contractors and subcontractors
WASHINGTON – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has released a new directive to outline the process by which federal supply and service contractors can apply for Functional Affirmative Action Program agreements, which can be viewed at http://www.dol.gov/ofccp/regs/compliance/directives/dir296.htm.
“The FAAP is back and is better than before,” said OFCCP Director Patricia A. Shiu. “Over the past year, I have listened to comments from the contractor community and employee groups, and determined that this is a useful tool for ensuring that federal contractors and subcontractors meet their obligations to provide equal employment opportunity for everyone. I am pleased to share updated guidance that responds to the feedback we received while also renewing our commitment to ensuring discrimination-free workplaces.”
Under Executive Order 11246, any company with 50 or more employees and a federal contract of $50,000 or more is required to develop a written affirmative action program for each of its establishments. An AAP helps contractors identify and analyze potential disparities related to the employment of women and minorities. Where disparities exist, contractors can use AAPs to articulate specific procedures they will follow and good faith efforts they will make to provide equal employment opportunities. FAAP agreements allow large contractors the flexibility to create AAPs by functional or business units rather than by individual establishments. For example, a company could develop an affirmative action program for all sales associates across multiple offices in different states as opposed to creating one for each work site.
OFCCP reviewed its policies regarding the FAAP process and made significant changes, including requiring written approval by the agency’s director before contractors can begin developing FAAP agreements, thereby eliminating the provision for automatic approval if OFCCP failed to act upon the request within 120 days; changing the expiration date for each agreement from three to five years, at which point a renewal will have to be approved; and adding the possibility of a compliance evaluation by OFCCP should contractors fail to submit the required annual updates to their agreements.
All contractors who currently have an approved FAAP agreement will be required to renew it in accordance with the new guidance. Contractors without these agreements should continue to maintain and develop establishment-based AAPs. Answers to frequently asked questions about the FAAP can be found at http://www.dol.gov/ofccp/regs/compliance/faqs/faapfaqs.htm.
The new guidance rescinds a previous directive, Administrative Notice/Functional AAP, issued March 21, 2002, and ends a yearlong suspension in the acceptance of requests to develop or renew FAAP agreements while the program was under review.
In addition to Executive Order 11246, OFCCP’s legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For more information, call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp.
# # #
U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America ’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.
Office of Public Affairs Contact: Jason Surbey Dolline Hatchett
Washington, D.C. Phone: 202-693-4668 202-693-4651
Release Number: 11-973-NAT Email: surbey.jason@dol.gov hatchett.dolline@dol.gov
US Labor Department restores and updates Functional Affirmative Action Program process for federal contractors and subcontractors
WASHINGTON – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has released a new directive to outline the process by which federal supply and service contractors can apply for Functional Affirmative Action Program agreements, which can be viewed at http://www.dol.gov/ofccp/regs/compliance/directives/dir296.htm.
“The FAAP is back and is better than before,” said OFCCP Director Patricia A. Shiu. “Over the past year, I have listened to comments from the contractor community and employee groups, and determined that this is a useful tool for ensuring that federal contractors and subcontractors meet their obligations to provide equal employment opportunity for everyone. I am pleased to share updated guidance that responds to the feedback we received while also renewing our commitment to ensuring discrimination-free workplaces.”
Under Executive Order 11246, any company with 50 or more employees and a federal contract of $50,000 or more is required to develop a written affirmative action program for each of its establishments. An AAP helps contractors identify and analyze potential disparities related to the employment of women and minorities. Where disparities exist, contractors can use AAPs to articulate specific procedures they will follow and good faith efforts they will make to provide equal employment opportunities. FAAP agreements allow large contractors the flexibility to create AAPs by functional or business units rather than by individual establishments. For example, a company could develop an affirmative action program for all sales associates across multiple offices in different states as opposed to creating one for each work site.
OFCCP reviewed its policies regarding the FAAP process and made significant changes, including requiring written approval by the agency’s director before contractors can begin developing FAAP agreements, thereby eliminating the provision for automatic approval if OFCCP failed to act upon the request within 120 days; changing the expiration date for each agreement from three to five years, at which point a renewal will have to be approved; and adding the possibility of a compliance evaluation by OFCCP should contractors fail to submit the required annual updates to their agreements.
All contractors who currently have an approved FAAP agreement will be required to renew it in accordance with the new guidance. Contractors without these agreements should continue to maintain and develop establishment-based AAPs. Answers to frequently asked questions about the FAAP can be found at http://www.dol.gov/ofccp/regs/compliance/faqs/faapfaqs.htm.
The new guidance rescinds a previous directive, Administrative Notice/Functional AAP, issued March 21, 2002, and ends a yearlong suspension in the acceptance of requests to develop or renew FAAP agreements while the program was under review.
In addition to Executive Order 11246, OFCCP’s legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of gender, race, color, religion, national origin, disability or status as a protected veteran. For more information, call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp.
# # #
U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America ’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.
Monday, April 25, 2011
Revised Inter-agency Agreement Clarifies Worksite Enforcement Directives
Immigration Daily
ilw.com
by John Fay
Yesterday, the US Department of Labor (DOL) and the Department of Homeland Security (DHS) signed a revised Memorandum of Understanding (MOU) which clarifies the ways in which the two agencies will coordinate their respective civil worksite enforcement initiatives. Historically, both agencies have worked together pursuant to a 1998 MOU which promoted the shared interests of having a legal workforce that is protected under the full range of fair employment standards. Despite this long-standing agreement, it has never been entirely clear to what extent the two agencies would conduct coordinated or joint enforcement activities (the dreaded one-two punch). Yesterday’s MOU revision clarifies that while both agencies are encouraged to share pertinent worksite information (which would be relevant to the other), employers should generally not expect both DOL and ICE worksite investigations at the same time. Nevertheless, employers should take note that there are limited circumstances (see below) when dual investigations are not only permitted, but also very likely. Plus, when it comes to worksite enforcement, policy and practice have been known to diverge on occasion.
Full Story: http://www.ilw.com/articles/2011,0421-fay.shtm
ilw.com
by John Fay
Yesterday, the US Department of Labor (DOL) and the Department of Homeland Security (DHS) signed a revised Memorandum of Understanding (MOU) which clarifies the ways in which the two agencies will coordinate their respective civil worksite enforcement initiatives. Historically, both agencies have worked together pursuant to a 1998 MOU which promoted the shared interests of having a legal workforce that is protected under the full range of fair employment standards. Despite this long-standing agreement, it has never been entirely clear to what extent the two agencies would conduct coordinated or joint enforcement activities (the dreaded one-two punch). Yesterday’s MOU revision clarifies that while both agencies are encouraged to share pertinent worksite information (which would be relevant to the other), employers should generally not expect both DOL and ICE worksite investigations at the same time. Nevertheless, employers should take note that there are limited circumstances (see below) when dual investigations are not only permitted, but also very likely. Plus, when it comes to worksite enforcement, policy and practice have been known to diverge on occasion.
Full Story: http://www.ilw.com/articles/2011,0421-fay.shtm
Wednesday, January 5, 2011
Interpretive Standards for Systemic Compensation Discrimination and Voluntary Guidelines for Self-Evaluation of Compensation Practices Under Executive
Federal Register
U.S. Department of Labor
A Proposed Rule by the Federal Contract Compliance Programs Office on 01/03/2011
This article has a comment period that ends in 58 days (03/04/2011) Submit a formal comment
Summary
The Office of Federal Contract Compliance Programs (OFCCP) is proposing to rescind two guidance documents addressing compensation discrimination: Interpreting Nondiscrimination Requirements of Executive Order 11246 with respect to Systemic Compensation Discrimination (Standards) and Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance with Executive Order 11246 with respect to Systemic Compensation Discrimination (Voluntary Guidelines). OFCCP is proposing to rescind the Standards which have limited OFCCP's ability to effectively investigate, analyze and identify compensation discrimination. In so doing, OFCCP will continue to adhere to the principles of Title VII of the Civil Rights Act of 1964, as amended (Title VII) in investigating compensation discrimination and will reinstitute flexibility in its use of investigative approaches and tools. OFCCP also proposes to establish procedures for investigating compensation discrimination through the traditional means of using its compliance manual, directives and other staff guidance. OFCCP is proposing to rescind the Voluntary Guidelines because they are largely unused by the Federal Government contracting community and have not been an effective enforcement strategy.
See full Federal Register notice of proposed rule: http://www.federalregister.gov/articles/2011/01/03/2010-32602/interpretive-standards-for-systemic-compensation-discrimination-and-voluntary-guidelines-for#p-3
U.S. Department of Labor
A Proposed Rule by the Federal Contract Compliance Programs Office on 01/03/2011
This article has a comment period that ends in 58 days (03/04/2011) Submit a formal comment
Summary
The Office of Federal Contract Compliance Programs (OFCCP) is proposing to rescind two guidance documents addressing compensation discrimination: Interpreting Nondiscrimination Requirements of Executive Order 11246 with respect to Systemic Compensation Discrimination (Standards) and Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance with Executive Order 11246 with respect to Systemic Compensation Discrimination (Voluntary Guidelines). OFCCP is proposing to rescind the Standards which have limited OFCCP's ability to effectively investigate, analyze and identify compensation discrimination. In so doing, OFCCP will continue to adhere to the principles of Title VII of the Civil Rights Act of 1964, as amended (Title VII) in investigating compensation discrimination and will reinstitute flexibility in its use of investigative approaches and tools. OFCCP also proposes to establish procedures for investigating compensation discrimination through the traditional means of using its compliance manual, directives and other staff guidance. OFCCP is proposing to rescind the Voluntary Guidelines because they are largely unused by the Federal Government contracting community and have not been an effective enforcement strategy.
See full Federal Register notice of proposed rule: http://www.federalregister.gov/articles/2011/01/03/2010-32602/interpretive-standards-for-systemic-compensation-discrimination-and-voluntary-guidelines-for#p-3
Monday, December 20, 2010
DOL Discontinues Active Case Management Program Procedures
On December 2, 2010, the DOL/OFCCP issued a directive discontinuing Active Case Management (ACM) procedures. The agency explains that the ACM process, which focused on systemic discrimination cases and closed others involving fewer potential victims, narrowed the enforcement focus of the OFCCP and eroded its enforcement authority.
To see the directive, go to: http://www.dol.gov/ofccp/regs/compliance/directives/dir292.htm
To see the directive, go to: http://www.dol.gov/ofccp/regs/compliance/directives/dir292.htm
Tuesday, November 9, 2010
DOL Regulations on Internships
Workforce Management
Dear Workforce: How Do New Regulations on Internships Affect Our For-Profit Organization?The regulations apply to all employers—whether for-profit or not-for-profit companies. The purpose: to ensure that employers are not using the 'intern' label to avoid paying workers minimum wage and overtime.
Dear Workforce:
I know that federal regulations are tightening for internships at for-profit organizations. What do we need to know?
A. Your question is a timely one, as the Labor Department is stepping up its enforcement efforts concerning student intern programs. Although media reports may focus on the use of unpaid interns at large, for-profit companies, the regulations in this area apply to all employers—whether for-profit or not-for-profit companies. The purpose of the regulations is to ensure that employers are not using the “intern” label to avoid paying their workers the minimum wage and overtime.
The Labor Department applies a six-part test to determine whether an intern program is exempt from the minimum wage and overtime requirements of the wage-and-hour laws. To pass that test, you need to understand what a qualifying intern program is, and just as important, what a qualifying program is not.
Full Story: http://www.workforce.com/archive/feature/newsletters/dear-workforce-how-do-new-regulations-internships-affect/index.php
Dear Workforce: How Do New Regulations on Internships Affect Our For-Profit Organization?The regulations apply to all employers—whether for-profit or not-for-profit companies. The purpose: to ensure that employers are not using the 'intern' label to avoid paying workers minimum wage and overtime.
Dear Workforce:
I know that federal regulations are tightening for internships at for-profit organizations. What do we need to know?
A. Your question is a timely one, as the Labor Department is stepping up its enforcement efforts concerning student intern programs. Although media reports may focus on the use of unpaid interns at large, for-profit companies, the regulations in this area apply to all employers—whether for-profit or not-for-profit companies. The purpose of the regulations is to ensure that employers are not using the “intern” label to avoid paying their workers the minimum wage and overtime.
The Labor Department applies a six-part test to determine whether an intern program is exempt from the minimum wage and overtime requirements of the wage-and-hour laws. To pass that test, you need to understand what a qualifying intern program is, and just as important, what a qualifying program is not.
Full Story: http://www.workforce.com/archive/feature/newsletters/dear-workforce-how-do-new-regulations-internships-affect/index.php
Tuesday, November 2, 2010
TRICARE Contracts Subject Hospitals to Affirmative Action Obligations
Drinker Biddle
Labor & Employment Alert
Kendra Allaband, Stephanie Gournis
November 1, 2010
In a highly anticipated decision, a Labor Department Administrative Law Judge (ALJ) has found that a Florida hospital’s TRICARE contracts trigger affirmative action obligations under federal law. OFCCP v. Florida Hospital of Orlando, DOL OALJ, No. 2009-OFC-00002 (October 18, 2010). In so holding, the ALJ upheld the position of the Office of Federal Contract Compliance Programs (OFCCP) that the hospital was a government subcontractor.Click on the PDF link above to view the full alert.
http://www.drinkerbiddle.com/tricarecontracts/
Labor & Employment Alert
Kendra Allaband, Stephanie Gournis
November 1, 2010
In a highly anticipated decision, a Labor Department Administrative Law Judge (ALJ) has found that a Florida hospital’s TRICARE contracts trigger affirmative action obligations under federal law. OFCCP v. Florida Hospital of Orlando, DOL OALJ, No. 2009-OFC-00002 (October 18, 2010). In so holding, the ALJ upheld the position of the Office of Federal Contract Compliance Programs (OFCCP) that the hospital was a government subcontractor.Click on the PDF link above to view the full alert.
http://www.drinkerbiddle.com/tricarecontracts/
Labor Department Issues Qs and As on GINA
The US Department of Labor, Employee Benefits Security Administration issued questions and answers on Title I of the Genetic Information Nondiscrimination Act of 2008 (GINA). The Department of Labor (ERISA) covers Title I; the Equal Employment Opportunity Commission covers Title II. Title I prohibits group health plans and health insurance issuers from discrimination based on genetic information:
The subject of these Frequently Asked Questions are the requirements of Title I of GINA under ERISA, prohibiting discrimination in group health plan coverage based on genetic information.GINA expands the genetic information nondiscrimination protections included in Title I of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Under GINA, group health plans and health insurance issuers cannot base premiums fora plan or a group of similarly situated individuals on genetic information. GINA generally prohibits plans and issuers from requesting or requiring an individual to undergo genetic tests, and prohibits a plan from collecting genetic information (including family medical history) prior to or in connection with enrollment, or for underwriting purposes.GINA applies generally to group health plans. Unlike the provisions under Title I of HIPAA, there is no exception for very small health plans with less than two participants who are current employees.The statutory provisions of GINA are effective for plan years beginning on or after May 21, 2009. The regulations implementing the provisions of GINA were published on October 7, 2009 and are applicable for plan years beginning on or after December 7,2009. Therefore, for calendar year plans the statute and regulations apply as of January 1, 2010. You can access a copy of these regulations at http://www.dol.gov/federalregister/PdfDisplay.aspx?DocId=23182.
For a copy of the FAQs, click here: http://www.dol.gov/ebsa/pdf/faq-GINA.pdf
See more on GINA and its implications for employers: http://www.delawareemploymentlawblog.com/discrimination_1/discrimination_2/genetic_discrimination/
The subject of these Frequently Asked Questions are the requirements of Title I of GINA under ERISA, prohibiting discrimination in group health plan coverage based on genetic information.GINA expands the genetic information nondiscrimination protections included in Title I of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Under GINA, group health plans and health insurance issuers cannot base premiums fora plan or a group of similarly situated individuals on genetic information. GINA generally prohibits plans and issuers from requesting or requiring an individual to undergo genetic tests, and prohibits a plan from collecting genetic information (including family medical history) prior to or in connection with enrollment, or for underwriting purposes.GINA applies generally to group health plans. Unlike the provisions under Title I of HIPAA, there is no exception for very small health plans with less than two participants who are current employees.The statutory provisions of GINA are effective for plan years beginning on or after May 21, 2009. The regulations implementing the provisions of GINA were published on October 7, 2009 and are applicable for plan years beginning on or after December 7,2009. Therefore, for calendar year plans the statute and regulations apply as of January 1, 2010. You can access a copy of these regulations at http://www.dol.gov/federalregister/PdfDisplay.aspx?DocId=23182.
For a copy of the FAQs, click here: http://www.dol.gov/ebsa/pdf/faq-GINA.pdf
See more on GINA and its implications for employers: http://www.delawareemploymentlawblog.com/discrimination_1/discrimination_2/genetic_discrimination/
Friday, September 24, 2010
Celebrating OFCCP’s 45th Anniversary
U.S. Department of Labor
September 23, 2010 Articles
As We Celebrate OFCCP's 45th Anniversary, a Pioneer Reminisces About The Early Days of Women in Construction
In a June 1965 commencement address at Washington, DC’s Howard University, President Lyndon Johnson shared his strong belief in civil rights and nondiscriminatory practices when he said:
“Thus it is not enough just to open the gates of opportunity. All our citizens must have the ability to walk through those gates. This is the next and the more profound stage of the battle for civil rights. We seek not just freedom but opportunity. We seek not just legal equity but human ability, not just equality as a right and a theory but equality as a fact and equality as a result.”
Read Johnson's Speech
View Johnson's Speech
On September 24, 1965, President Lyndon Johnson signed Executive Order 11246, granting supervision of federal contract compliance to the Secretary of Labor, and creating the department’s first Office of Federal Contract Compliance. The EO ordered federal departments and agencies to impose non-discrimination and affirmative action rules in all federal contracts and federally- assisted construction projects. Later, on October 5, 1978, President Jimmy Carter consolidated all affirmative action enforcement actions into DOL by signing into law Executive Order 12086.
Read Johnson's Executive Order
Read Carter's Executive Order
Full Story: http://www.dol.gov/_sec/newsletter/2010/20100923-3.htm
September 23, 2010 Articles
As We Celebrate OFCCP's 45th Anniversary, a Pioneer Reminisces About The Early Days of Women in Construction
In a June 1965 commencement address at Washington, DC’s Howard University, President Lyndon Johnson shared his strong belief in civil rights and nondiscriminatory practices when he said:
“Thus it is not enough just to open the gates of opportunity. All our citizens must have the ability to walk through those gates. This is the next and the more profound stage of the battle for civil rights. We seek not just freedom but opportunity. We seek not just legal equity but human ability, not just equality as a right and a theory but equality as a fact and equality as a result.”
Read Johnson's Speech
View Johnson's Speech
On September 24, 1965, President Lyndon Johnson signed Executive Order 11246, granting supervision of federal contract compliance to the Secretary of Labor, and creating the department’s first Office of Federal Contract Compliance. The EO ordered federal departments and agencies to impose non-discrimination and affirmative action rules in all federal contracts and federally- assisted construction projects. Later, on October 5, 1978, President Jimmy Carter consolidated all affirmative action enforcement actions into DOL by signing into law Executive Order 12086.
Read Johnson's Executive Order
Read Carter's Executive Order
Full Story: http://www.dol.gov/_sec/newsletter/2010/20100923-3.htm
Tuesday, July 13, 2010
Inside Washington
Lexology.com
Stinson Morrison Hecker LLP
Mary (Mindy) McPheeters USA June 4 2010
New Laws, Regulations and Agency Guidance
ADEA. . .Jacqueline Berrien, Chair of the Equal Employment Opportunity Commission (EEOC), provided testimony before Congress in support of the Protecting Older Workers Against Discrimination Act, Senate Bill 1765. The proposed Bill would, according to Berrien, "restore and bolster the basic protections that applied to ADEA claims" before the U.S. Supreme Court's decision in Gross v. FBL Financial Services. The decision in Gross imposed a "but for" standard requiring an employee to prove that age was the cause of the adverse employment action. Senate Bill 1765 would reverse that decision and restore the potential of a mixed motive claim under the ADEA…Also on the ADEA front, the EEOC continues to face criticism for its proposed rule concerning Reasonable Factors Other Than Age issued February 18, 2010. The Society for Human Resources Management called for the EEOC to withdraw its proposed rule stating that the rule results in "less practical guidance" than exists under the current legal scheme and "is unsupportable in law and infeasible in practice." Comments on the proposed rule were taken through April 19, 2010, and will now be considered by the EEOC before the final rule is published.
DOL. . .Labor Secretary Soliscalled upon employers to take efforts to employ youth this summer...
http://www.lexology.com/library/detail.aspx?g=f8536d27-9008-47d2-8681-8a0f04791155&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Lexology%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-07-12&utm_term=
Stinson Morrison Hecker LLP
Mary (Mindy) McPheeters USA June 4 2010
New Laws, Regulations and Agency Guidance
ADEA. . .Jacqueline Berrien, Chair of the Equal Employment Opportunity Commission (EEOC), provided testimony before Congress in support of the Protecting Older Workers Against Discrimination Act, Senate Bill 1765. The proposed Bill would, according to Berrien, "restore and bolster the basic protections that applied to ADEA claims" before the U.S. Supreme Court's decision in Gross v. FBL Financial Services. The decision in Gross imposed a "but for" standard requiring an employee to prove that age was the cause of the adverse employment action. Senate Bill 1765 would reverse that decision and restore the potential of a mixed motive claim under the ADEA…Also on the ADEA front, the EEOC continues to face criticism for its proposed rule concerning Reasonable Factors Other Than Age issued February 18, 2010. The Society for Human Resources Management called for the EEOC to withdraw its proposed rule stating that the rule results in "less practical guidance" than exists under the current legal scheme and "is unsupportable in law and infeasible in practice." Comments on the proposed rule were taken through April 19, 2010, and will now be considered by the EEOC before the final rule is published.
DOL. . .Labor Secretary Soliscalled upon employers to take efforts to employ youth this summer...
http://www.lexology.com/library/detail.aspx?g=f8536d27-9008-47d2-8681-8a0f04791155&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Lexology%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-07-12&utm_term=
Monday, June 21, 2010
DOL Verification Procedures under E.O. 13496
On June 15, 2010, the US Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued a directive to the compliance officer staff regarding verifying compliance with the President's Executive Order 13496, Notification of Employee Rights under Federal Labor Laws. The directive relates to the procedures for compliance verification during the OFCCP on-site compliance evaluation.
For a copy of the directive, go to: http://www.dol.gov/ofccp/regs/compliance/directives/dir290.pdf
The following is a presentation from the OFCCP website regarding the Executive Order and the regulations:
Office of Federal Contract Compliance Programs (OFCCP)
New Employee Notification Requirements for Federal Contractors and Subcontractors
Under Department of Labor regulations, http://edocket.access.gpo.gov/2010/pdf/2010-11639.pdf , contractors holding contracts with the Federal government and their subcontractors are required, beginning on June 21, 2010, to post notices informing employees of their rights under the National Labor Relations Act (NLRA). The notice to employees required by the regulations inform employees about their rights under the NLRA to form, join and assist a union and to bargain collectively with their employer; provides examples of unlawful employer and union conduct that interferes with those rights; and indicates how employees can contact the National Labor Relations Board, the Federal agency that enforces those rights, with questions or to file complaints. Contractors that violate the Labor Department's regulations requiring employee notification of these rights may be subject to sanctions, including suspension or cancellation of the contract.
The regulations require Federal contractors:
to post the required employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees who are covered by the NLRA and who engage in contract-related activity;
to post the required notice electronically if they communicate with employees electronically, which requires posting a link to the Department of Labor's website containing the employee notice where they customarily place other electronic notices to employees about their jobs; and
to insert provisions in their subcontracts that require their subcontractors to comply with the same posting requirements as well.
Contractors and subcontractors may obtain the required poster in any of the three ways. The Labor Department will print posters and provide them to Federal contracting departments and agencies for supply to contractors and subcontractors. In addition, contractors and subcontractors can request posters from the field offices of the Labor Department's Office of Federal Contract Compliance Programs (http://www.dol.gov/ofccp/contacts/ofnation2.htm) , or Office of Labor-Management Standards (OLMS) (http://www.dol.gov/olms/contacts/lmskeyp.htm). Finally, contractors and subcontractors can acquire the poster from OLMS' website by downloading it from http://www.olms.dol.gov or by calling (202) 693-0123. Compliance information for contractors and subcontractors can be found at OFCCP's website http://www.dol.gov/ofccp/regs/compliance/Contractor_Compliance_presentation.ppt
http://www.dol.gov/ofccp/regs/compliance/EO13496_Presentation.htm
For a copy of the directive, go to: http://www.dol.gov/ofccp/regs/compliance/directives/dir290.pdf
The following is a presentation from the OFCCP website regarding the Executive Order and the regulations:
Office of Federal Contract Compliance Programs (OFCCP)
New Employee Notification Requirements for Federal Contractors and Subcontractors
Under Department of Labor regulations, http://edocket.access.gpo.gov/2010/pdf/2010-11639.pdf , contractors holding contracts with the Federal government and their subcontractors are required, beginning on June 21, 2010, to post notices informing employees of their rights under the National Labor Relations Act (NLRA). The notice to employees required by the regulations inform employees about their rights under the NLRA to form, join and assist a union and to bargain collectively with their employer; provides examples of unlawful employer and union conduct that interferes with those rights; and indicates how employees can contact the National Labor Relations Board, the Federal agency that enforces those rights, with questions or to file complaints. Contractors that violate the Labor Department's regulations requiring employee notification of these rights may be subject to sanctions, including suspension or cancellation of the contract.
The regulations require Federal contractors:
to post the required employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees who are covered by the NLRA and who engage in contract-related activity;
to post the required notice electronically if they communicate with employees electronically, which requires posting a link to the Department of Labor's website containing the employee notice where they customarily place other electronic notices to employees about their jobs; and
to insert provisions in their subcontracts that require their subcontractors to comply with the same posting requirements as well.
Contractors and subcontractors may obtain the required poster in any of the three ways. The Labor Department will print posters and provide them to Federal contracting departments and agencies for supply to contractors and subcontractors. In addition, contractors and subcontractors can request posters from the field offices of the Labor Department's Office of Federal Contract Compliance Programs (http://www.dol.gov/ofccp/contacts/ofnation2.htm) , or Office of Labor-Management Standards (OLMS) (http://www.dol.gov/olms/contacts/lmskeyp.htm). Finally, contractors and subcontractors can acquire the poster from OLMS' website by downloading it from http://www.olms.dol.gov or by calling (202) 693-0123. Compliance information for contractors and subcontractors can be found at OFCCP's website http://www.dol.gov/ofccp/regs/compliance/Contractor_Compliance_presentation.ppt
http://www.dol.gov/ofccp/regs/compliance/EO13496_Presentation.htm
Monday, May 10, 2010
US Labor Department helps employers understand responsibilities under disability nondiscrimination laws
U.S. Department of Labor
News Release
OASP News Release: [05/04/2010
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-0562-NAT
New online tool helps further equality and full access for people with disabilities
WASHINGTON — The U.S. Department of Labor today unveiled a new tool to help America's employers ensure their employment policies and practices do not discriminate against qualified individuals with disabilities.
"Today, we made it easier for employers of all sizes to access the talents of the 36 million Americans with disabilities," said Assistant Secretary of Labor for Disability Employment Policy Kathleen Martinez. "By providing this interactive and easy-to-use online tool, both workers and employers can readily access and understand their rights and responsibilities under our federal disability nondiscrimination laws."
The online Disability Nondiscrimination Law Advisor, available at http://www.dol.gov/elaws/odep.htm, helps employers quickly and simply determine which federal disability nondiscrimination laws apply to their business or organization and their responsibilities under them. It asks users to answer a few relevant questions in order to take into account relevant variables, such as nature of organization, size of staff and whether the business or organization receives federal financial assistance. Based on the responses provided, the advisor then generates a customized list of federal disability nondiscrimination laws that likely apply, along with easy-to-understand information about employers' responsibilities under them.
The laws addressed by the Disability Nondiscrimination Law Advisor include:
Titles I and II of the Americans with Disabilities Act of 1990
Section 188 of the Workforce Investment Act of 1998
Section 504 of the Rehabilitation Act of 1973, as amended (as it pertains to federal financial assistance)
Section 503 of the Rehabilitation Act of 1973, as amended
The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended
The advisor also can help employees, job applicants and people applying for or participating in federally funded programs learn more about their rights under these laws. In addition, it includes a Guide on Employing People with Disabilities that outlines resources available to help employers comply with disability nondiscrimination laws.
The Disability Nondiscrimination Law Advisor is one of a series of Employment Laws Assistance for Workers and Small Businesses, or "elaws," Advisors developed by the Labor Department's Office of the Assistant Secretary for Policy, working with other department agencies, to help employers and employees understand federal employment laws. To access this set of advisors, visit the elaws website at http://www.dol.gov/elaws/. To learn more about the Labor Department's efforts to increase employment opportunities for people with disabilities, visit http://www.dol.gov/odep.
# # #
News Release
OASP News Release: [05/04/2010
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-0562-NAT
New online tool helps further equality and full access for people with disabilities
WASHINGTON — The U.S. Department of Labor today unveiled a new tool to help America's employers ensure their employment policies and practices do not discriminate against qualified individuals with disabilities.
"Today, we made it easier for employers of all sizes to access the talents of the 36 million Americans with disabilities," said Assistant Secretary of Labor for Disability Employment Policy Kathleen Martinez. "By providing this interactive and easy-to-use online tool, both workers and employers can readily access and understand their rights and responsibilities under our federal disability nondiscrimination laws."
The online Disability Nondiscrimination Law Advisor, available at http://www.dol.gov/elaws/odep.htm, helps employers quickly and simply determine which federal disability nondiscrimination laws apply to their business or organization and their responsibilities under them. It asks users to answer a few relevant questions in order to take into account relevant variables, such as nature of organization, size of staff and whether the business or organization receives federal financial assistance. Based on the responses provided, the advisor then generates a customized list of federal disability nondiscrimination laws that likely apply, along with easy-to-understand information about employers' responsibilities under them.
The laws addressed by the Disability Nondiscrimination Law Advisor include:
Titles I and II of the Americans with Disabilities Act of 1990
Section 188 of the Workforce Investment Act of 1998
Section 504 of the Rehabilitation Act of 1973, as amended (as it pertains to federal financial assistance)
Section 503 of the Rehabilitation Act of 1973, as amended
The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended
The advisor also can help employees, job applicants and people applying for or participating in federally funded programs learn more about their rights under these laws. In addition, it includes a Guide on Employing People with Disabilities that outlines resources available to help employers comply with disability nondiscrimination laws.
The Disability Nondiscrimination Law Advisor is one of a series of Employment Laws Assistance for Workers and Small Businesses, or "elaws," Advisors developed by the Labor Department's Office of the Assistant Secretary for Policy, working with other department agencies, to help employers and employees understand federal employment laws. To access this set of advisors, visit the elaws website at http://www.dol.gov/elaws/. To learn more about the Labor Department's efforts to increase employment opportunities for people with disabilities, visit http://www.dol.gov/odep.
# # #
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