Equal Employment Opportunity Commission

In a move that will surprise few, the federal Office of Management and Budget (OMB) has “stayed” the upcoming EEO-1 compensation data reporting requirement, pending further review. As we previously wrote about here, in 2016, the Equal Employment Opportunity Commission (EEOC) implemented a rule requiring employers with 100 or more employees (and federal contractors with 50 or more employees) to include compensation data in their annual EEO-1 reports. Covered employers were already required to file an EEO-1 report tracking race/ethnicity and sex; the stay does not impact this requirement.
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While no one knows exactly how Donald Trump’s election as President will impact labor and employment laws in the country, it is a safe bet that there will be changes. Because Trump was virtually silent on the campaign trail regarding the specifics of any employment law policies, we are left to speculate on any upcoming changes.  We provide a brief overview of our best educated guesses on what changes could be in store given the election results.  Given Trump’s position on government enforcement and his pro-business stance, there is an expectation of changes to several employment-related laws.
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Internal pay audits are rarely enjoyable. Depending on the scope, these audits can be complex and require detailed analysis.  However, in the current legal climate, an internal audit can be extremely valuable and greatly reduce, or even eliminate, potential liability for wage and hour claims as well as pay equity claims.  As previously reported on this blog, increased scrutiny into pay equity discrimination, changes in EEO-1 reporting requirements, the Department of Labor’s joint employment efforts, and the updated FLSA exemption rules continue to place companies at greater risk of government audits, fines, and lawsuits.

Many employers may have already reviewed and updated their policies in anticipation of the changes to the “white collar” FLSA exemptions, which go into effect on December 1, 2016. But if your company has not yet done so, or to the extent you have not conducted a more comprehensive internal audit, your company should strongly consider doing so as soon as possible for several reasons.
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Title VII and the Equal Pay Act expressly ban the unequal treatment and compensation of female employees. Yet pay inequity can creep in to even the most well-intentioned companies.  As a consequence, standards for evaluating pay practices are rapidly evolving in both the public and private sectors, and many companies are pledging to improve wage equality.  What’s more, with the EEOC now targeting equal pay discrimination, we are primed to see a wave of class action lawsuits that could cost companies millions in back pay and damages.  Is your company keeping up?
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On July 14, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) unveiled its amended proposal to collect summary pay data from U.S. employers with 100 or more employees.  Under the proposed amendments, employers who already file an Employer Information Report (EEO-1) will be required to also report pay by gender, race, and ethnicity, across 12

Leave accommodations can be a complicated issue for a company’s human resources and legal teams.  The EEOC, however, recently issued guidance discussing leave as a reasonable accommodation under the Americans with Disabilities Act (ADA).  The guidance serves as a good reference on the EEOC’s stance on several complex accommodation issues, and clarifies the EEOC’s views on equal access to leave, granting additional unpaid leave as an accommodation, and maximum leave policies.  In light of the recent guidance, now is a good time to review your company policies.
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Texas Bar Today Top Ten It’s a new year, and some of your employees may have resolved to lose weight, eat more healthfully, or even give up smoking in 2016. But employees aren’t the only ones interested in their own health and wellness.  Corporate wellness programs can be an effective way for employers to encourage healthy behavior from their workforce while saving costs on health care premiums.
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