Tuesday, October 18, 2016

DOL Issues Final Rule Requiring Government Contractors to Provide Paid Sick Leave

On September 29, 2016, the Department of Labor’s Wage and Hour Division (WHD) released a Final Rule in accordance with President Obama’s Executive Order 13706. The rule updates regulations surrounding paid sick leave for employees of federal contractors. Paid leave may be used for a variety of purposes, now including care for issues surrounding domestic violence, sexual assault. To read the full report, click here.

Monday, October 17, 2016

EEOC Updates Strategic Enforcement Plan

Commission Reaffirms Priorities and Strategies for Securing Strategic Impact

In December 2012, the U.S. Equal Employment Opportunity Commission (EEOC or Commission) issued a Strategic Enforcement Plan (SEP) for Fiscal Years 2013-2016. The SEP established substantive area priorities and set forth strategies to integrate all components of EEOC's private, public, and federal sector enforcement to have a sustainable impact in advancing equal opportunity and freedom from discrimination in the workplace.  The Commission recently approved an updated SEP for Fiscal Years 2017-2021, reaffirming the agency’s commitment to efforts that have strategic impact in advancing equal opportunity in America’s workplaces.

EEOC’s Strategic Enforcement Plan for Fiscal Years 2017-2021 continues to prioritize the areas identified in its previous SEP, with some modifications:
  • Eliminating barriers in recruitment and hiring;
  • Protecting vulnerable workers, including immigrant and migrant workers, and under-served communities from discrimination;
  • Addressing selected emerging and developing issues;
  • Ensuring equal pay protections for all workers;
  • Preserving access to the legal system; and
  • Preventing systemic harassment.

As the Commission reinforces its efforts to address pay discrimination based on sex, this SEP also includes combating pay discrimination that persists based on race, ethnicity, age, and for individuals with disabilities.

Source: EEOC

Thursday, September 29, 2016

EEOC To Collect Summary Pay Data

First Collection will be in March 2018

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today announced that starting March 2018, it will collect summary employee pay data from certain employers. The new data will improve investigations of possible pay discrimination, which remains a contributing factor to persistent wage gaps. The summary pay data will be added to the annual Employer Information Report or EEO-1 report that is coordinated by the EEOC and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). OFCCP collects data from federal contractors and subcontractors.   

"More than 50 years after pay discrimination became illegal it remains a persistent problem for too many Americans," said EEOC Chair Jenny R. Yang. "Collecting pay data is a significant step forward in addressing discriminatory pay practices. This information will assist employers in evaluating their pay practices to prevent pay discrimination and strengthen enforcement of our federal anti-discrimination laws."

"Collecting data is a critical step in delivering on the promise of equal pay," said U.S. Secretary of Labor Thomas E. Perez. "Better data will not only help enforcement agencies do their work, but it helps employers to evaluate their own pay practices to prevent pay discrimination in their workplaces."

EEOC is committed to providing support for employers as they transition to reporting summary pay data on the new EEO-1 report. In response to public comments, the first deadline for the new 2017 EEO-1 report will be March 31, 2018, which gives employers 18 months to prepare. This revision does not impact the 2016 EEO-1 report, which is due on September 30, 2016 and is unchanged.

Private employers including federal contractors and subcontractors with 100 or more employees will report summary pay data. Under no circumstances should employers report individual pay or salaries or any personally identifiable information.

Federal contractors and subcontractors with 50–99 employees will not report summary pay data, but they will continue to report employees by job category as well as by sex, ethnicity, and race as they do now. Employers with 99 or fewer employees and Federal contractors and subcontractors with 49 or fewer employees will not be required to complete the EEO-1 report as is current practice.

Technical assistance also will be available through the EEOC’s hotline and email. For more information, see https://www.eeoc.gov/employers/eeo1survey/2017survey.cfm.

EEOC News Release September 29, 2016