EEOE-1 Report – Are You Ready?

Each year employers with 100 or more employees, or employers who are federal contractors with 50 or more employees, must file an EEO-1 Report with the Equal Employment Opportunity Commission. (EEOC). 

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Trend of Pro-Employer Arbitration SCOTUS Decisions on Class-Actions Continues with Lamps Plus

The Supreme Court ruled Wednesday that an arbitration agreement must explicitly provide for class-wide arbitration in order for class claims to proceed to arbitration and that, where an agreement is ambiguous on whether the parties agreed that claims could proceed on a class-wide basis, no class-wide arbitration can be ordered. Lamps Plus, Inc. v. Varela., No. 17-988 (Apr. 24, 2019). The 5-4 decision broke along traditional default lines, with Justices Thomas, Alito, Kavanaugh and Gorsuch joining Chief Justice Roberts in the majority.

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DOL Proposed OT Rule – FLSA Exemption Salary Threshold Increases to $35K

After a long wait, the US Department of Labor yesterday issued its proposed overtime rule raising the salary basis threshold for exempt employees from $23,660 to $35,308 per year or to $679 per week.  Employers with employees classified as exempt under the Fair Labor Standards Act’s (FLSA) “white collar” exemptions should take note.

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Four Takeaways from an Unusual Sexual Harassment Case

In a recent column for Corporate Compliance Insights, LeClairRyan attorney Thomas C. Regan discusses litigation revolving around allegations that a supervisor failed to properly respond to sexual harassment of an employee by a non-employee. Tom provides insight to help employers understand their potential liability and avoid getting ensnared in similar situations:

“The #MeToo movement has hammered home for employers the critical importance of keeping sexual harassment out of the workplace. However, a recent federal court case underscores how sexual harassment can occur in ways that defy what many employers might think of as the typical pattern. The ruling by the U.S. District Court for the Eastern District of Pennsylvania comes in a case that has nothing to do with a male boss or co-worker behaving inappropriately with a female colleague. It hinges instead on allegations that a supervisor failed to properly respond to sexual harassment of an employee by a non-employee. 

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EEO-1 Reports Now Due May 31

Employers now have two additional months to file their EEO-1 report. As a result of the federal government shut down, the U.S. Equal Employment Opportunity Commission (EEOC) has extended the deadline.  Employers must file EEO-1 forms for 2018 by May 31, 2019 rather than the usual March 31 due date.

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Pay Equity Webinar Now Available

Our 12/11 webinar, Pay Equity: What’s in Your Payroll?, is now available in archived form here.

Thank you to those who joined us yesterday — we look forward to offering more soon.

DOL Issues New Guidance for Hospitality Employers on Tipped Employees

Earlier this month, the U.S. Department of Labor (“DOL”) issued Opinion Letter FLSA2018-27 providing updated guidance to employers on how to pay tipped employees.  The new Opinion Letter abandoned the previous 80/20 tip credit rule. The DOL’s new guidance provides no limit on the amount of time a tipped employee spends on related non-tip-producing duties so long as such duties are “performed contemporaneously with the duties involving direct service to customers or for a reasonable time immediately before or after performing such direct-service duties.”

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Upcoming Webinar – Pay Equity for Employers: What’s in Your Payroll?

Pay equity is one of the hottest topics for employers today. It’s not just about current wages, but hiring inquiries, benefits, and other actions that can create liability for your organization.

Pay practices require diligence from HR staff down to the hiring supervisor; and how your organization is embracing equal pay may be a critical component whenever a claim arises.

Join the attorneys of LeClairRyan for this complimentary one-hour webinar as we dive into federal and state legislation and keys to compliance in your operations.

On the agenda, we will discuss:

– Compensation
– Discrepancies in pay
– How complaints are filed
– Pay factors
– What can trigger a claim

And a closer look at the state law in California, New York, New Jersey and Massachusetts.

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Is Religious Freedom on a Collision Course with Newly Gained Civil Rights?

Since the United States Supreme Court issued Obergefell in 2015, there have been dark predictions that religious freedom and other, more recently gained, civil rights protections are on a collision course. Recent developments might cause this course to run through the employment arena. In August, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a directive to “incorporate recent developments in the law regarding religion-exercising organizations and individuals.” Specifically, the Directive aims to update federal policy to align it with recent Executive Orders and Supreme Court decisions.

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Webinar: Mandatory Harassment Training: What Employers Need to Know

Please join us on October 3, 2017 1:00 pm (10:00 am, Pacific Daylight Time) for a webinar to discuss this growing trend and to ensure that your practices and policies are compliant.

Avoiding harassment claims continues to be one of the most significant issues facing employers.  While many savvy employers are proactive in training their employees to act in a way that minimizes the risk of having a harassment complaint filed, a growing number of states (and some cities) have begun to pass laws mandating training.  California, Maine and Connecticut have led the way with Delaware and New York (and New York City) ready to join the ranks of the states/cities imposing their own various training requirements on employers.  More are sure to follow.

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