President’s Budget Would Relieve VETS-4212 Filing Requirement for Federal Contractors Who Receive the HIRE Vets Medallion Award

Federal contractors who apply for and receive the 2020 HIRE Vets Medallion Award would not need to submit a VETS-4212 report in the year following receipt of a HIRE Vets Medallion Award under the President’s budget.

Federal contractors and subcontractors with a contract of $150,000 or more are required to report veteran employment data (38 U.S. Code, Section 4212).  The application for the HIRE Vets Medallion Award requires that employers report on their hiring, retention, and support of veterans, including aggregate employment data. Through the passage and signing of the Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017 (“HIRE Vets Act”), the Administration and Congress determined that organizations are worthy of recognition as exemplary veteran employers if they meet the criteria of the HIRE Vets Medallion Award.

The 2020 HIRE Vets Medallion Award Program is now accepting applications! Learn more and apply online at HireVets.gov.

• The Award highlights companies and organizations that have proven their commitment to hire and retain America’s veterans in good, family-sustaining careers
• The HIRE Vets Medallion Award is the only federal-level veterans’ employment award
• The application deadline is April 30, 2020
• Award recipients will receive a certificate and digital images of the medallion for use as part of their marketing and promotional activities
• Annually, nearly 200,000 Transitioning Service members are instructed in the Transition Assistance Program to seek out HIRE Vets Medallion Award recipients on HireVets.gov
• This Award could give you a competitive advantage in the war for talent

If you have any questions, please do not hesitate to contact us at www.hirevets.gov/contact.


Source: Department of Labor HIRE Vets Medallion Program

DOL Issues Final Overtime Rule

News Release

WASHINGTON, DC – Today the U.S. Department of Labor announced a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA)

"For the first time in over 15 years, America's workers will have an update to overtime regulations that will put overtime pay into the pockets of more than a million working Americans," Acting U.S. Secretary of Labor Patrick Pizzella said. "This rule brings a commonsense approach that offers consistency and certainty for employers as well as clarity and prosperity for American workers."

"Today's rule is a thoughtful product informed by public comment, listening sessions, and long-standing calculations," Wage and Hour Division Administrator Cheryl Stanton remarked. "The Wage and Hour Division now turns to help employers comply and ensure that workers will be receiving their overtime pay."

The final rule updates the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA's minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses (and commissions) towards meeting the salary level. The new thresholds account for growth in employee earnings since the currently enforced thresholds were set in 2004. In the final rule, the Department is:

• raising the "standard salary level" from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker);
• raising the total annual compensation level for "highly compensated employees (HCE)" from the currently-enforced level of $100,000 to $107,432 per year;
• allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level, in recognition of evolving pay practices; and
• revising the special salary levels for workers in U.S. territories and in the motion picture industry.

The final rule will be effective on January 1, 2020.
The increases to the salary thresholds are long overdue in light of wage and salary growth since 2004. Nearly every person who commented on the Department's 2017 Request for Information, participated at listening sessions in 2018 regarding the regulations, or commented on the Notice of Proposed Rulemaking agreed that the thresholds needed to be updated for this reason.

The Department estimates that 1.2 million additional workers will be entitled to minimum wage and overtime pay as a result of the increase to the standard salary level. The Department also estimates that an additional 101,800 workers will be entitled to overtime pay as a result of the increase to the HCE compensation level.

A 2016 final rule to change the overtime thresholds was enjoined by the U.S. District Court for the Eastern District of Texas on November 22, 2016, and was subsequently invalidated by that court. As of November 6, 2017, the U.S. Court of Appeals for the Fifth Circuit has held the appeal in abeyance pending further rulemaking regarding a revised salary threshold. As the 2016 final rule was invalidated, the Department has consistently enforced the 2004 level throughout the last 15 years.

More information about the final rule is available at https://www.dol.gov/whd/overtime2019/.

The Wage and Hour Division's (WHD) mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the Nation's workforce. WHD enforces Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.


Agency: Wage and Hour Division
Date: September 24, 2019
Release Number: 19-1715-NAT
Contact: Emily Weeks
Phone Number: 202-693-4681
Email: weeks.emily.c@dol.gov

Government Shutdown Continues

Although the partial shutdown of the United States Government is now entering its fourth week, many agencies are still funded and operational. Other have partial funding and continue to offer vital services as permitted by funding. Departments lacking funds include the Department of Homeland Security, Treasury and Justice to name a few.

The U.S. Department of Labor offices remain open and unaffected by the partial shutdown due to funding already received. This means that the Office of Contract Compliance Programs (OFCCP) is fully functional at this time, audits currently underway will continue to be reviewed and issuance of scheduling letters may continue.

Unlike the OFCCP, the Equal Employment Opportunity Commission (EEOC) only has limited availability and such is posted on their homepage. All digital portals are closed and the agency is unable to staff their hotlines. There are no references to the shutdown on the EEO-1 Reporting page, so it is uncertain at this time how or if the government shutdown will affect the processing of 2018 EEO-1 Reports due March 31, 2019.

The U.S. Citizenship and Immigration Services (USCIS) continues to list E-Verify on their website as expired or suspended until funds are received or reauthorization is provided by Congress. E-Verify is a free internet-based system that allows businesses and employers to determine the eligibility of their employees to work in the United States. While the system is down, employers must still complete a Form I-9 to verify an employee's work authorization within 3 days of beginning work as new submissions or cases cannot be initiated at this time.

Other programs offered by USCIS that continue to be unavailable are the EB-5 Immigrant Investor Regional Center Program, Non-Minister Religious Workers and Conrad 30 Waiver Program for J-1 Medical Doctors.

Source: DOL; USCIS; Department of Homeland Security; EEOC

Craig Leen Now Serving as Director of OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has not released an official announcement. However, there has been much buzz over the last couple of weeks regarding the new title listed in Mr. Leen's biography on their webpage.

Since joining the OFCCP in 2017, Craig Leen has held the title of Deputy Director and Senior Advisor. Upon Ondray T. Harris' departure five months ago, Mr. Leen has been serving as Acting Director and has led the issuance of nearly a dozen new agency Directives.

Join us in congratulating Mr. Leen on this new role within the agency!

Source: OFCCP

Secretary of Labor R. Alexander Acosta

Meet Secretary Acosta

The Department of Labor welcomes Alexander Acosta, who was sworn in as the twenty-seventh U.S. Labor Secretary on April 28, 2017.

Secretary Acosta is the son of Cuban refugees, a native of Miami, and first-generation college graduate. He earned his undergraduate and law degrees from Harvard University.

Following law school, he worked as a law clerk for Justice Samuel A. Alito, Jr., at the U.S. Court of Appeals for the Third Circuit. He then worked at the law firm of Kirkland & Ellis and went on to teach at George Mason University’s Antonin Scalia School of Law.

Secretary Acosta has served in three presidentially appointed, Senate-confirmed positions. In 2002, he was appointed to serve as a member of the National Labor Relations Board, where he participated in or authored more than 125 opinions. In 2003, he was appointed Assistant Attorney General for the Civil Rights Division of the U.S. Department of Justice, and from 2005 to 2009 he served as the U.S. Attorney for the Southern District of Florida.

Most recently, Secretary Acosta served as the dean of the FIU College of Law.

Secretary Acosta has twice been named one of the nation’s 50 most influential Hispanics by Hispanic Business magazine. He was also named to the list of 100 most influential individuals in business ethics in 2008. In 2013, the South Florida Hispanic Chamber of Commerce presented him with the Chairman’s Higher Education Award in recognition of his “outstanding achievements, leadership and determination throughout a lifetime of caring and giving back to the community.”

Secretary Acosta and his wife enjoy spending time together as a family, raising their two daughters.

Source: Department of Labor Website

Establishing a Minimum Wage for Contractors, Notice of Rate Change in Effect as of January 1, 2017

The Wage and Hour Division (WHD) of the U.S. Department of Labor (the Department) is issuing this notice to announce the applicable minimum wage rate to be paid to workers performing work on or in connection with Federal contracts covered by Executive Order 13658, beginning January 1, 2017.

Executive Order 13658, Establishing a Minimum Wage for Contractors (the Executive Order or the Order), was signed by President Barack Obama on February 12, 2014, and raised the hourly minimum wage paid by contractors to workers performing work on covered Federal contracts to: $10.10 per hour, beginning January 1, 2015; and beginning January 1, 2016, and annually thereafter, an amount determined by the Secretary of Labor in accordance with the methodology set forth in the Order. See 79 FR 9851. The Secretary's determination of the Executive Order minimum wage rate also affects the minimum hourly cash wage that must be paid to tipped employees performing work on or in connection with covered contracts. See 79 FR 9851-52. The Secretary is required to provide notice to the public of the new minimum wage rate at least 90 days before such rate is to take effect. See 79 FR 9851. The applicable minimum wage under Executive Order 13658 is currently $10.15 per hour, in effect since January 1, 2016. See 80 FR 55646. The applicable minimum cash wage that generally must be paid to tipped employees performing work on or in connection with covered contracts is currently $5.85 per hour, in effect since January 1, 2016. Id.

Pursuant to Executive Order 13658 and its implementing regulations at 29 CFR part 10, notice is hereby given that beginning January 1, 2017, the Executive Order minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase to $10.20 per hour. Notice is also hereby given that, beginning January 1, 2017, the required minimum cash wage that generally must be paid to tipped employees performing work on or in connection with covered contracts will increase to $6.80 per hour.

A Notice by the Labor Department on 9/20/16

DOL Launches Free Online Tool to Ensure Accessibility of Online Applications

WASHINGTON – The U.S. Department of Labor’s Office of Disability Employment Policy today announced the launch of “TalentWorks” – a free online tool that helps employers and human resources professionals ensure accessibility in their web-based job applications and other recruiting technologies for job seekers with disabilities.

Created by ODEP’s Partnership on Employment & Accessible Technology (PEAT), TalentWorks provides general background on accessibility and e-Recruiting, as well as practical tip sheets for making online job applications, digital interviews, pre-employment tests and resume upload programs accessible. PEAT created the tool after its national survey of people with disabilities found 46 percent of respondents rated their last experience applying for a job online as “difficult to impossible.”

“Inaccessible technology prevents people with disabilities from applying and interviewing for jobs, and limits the talent pool for employers,” said Deputy Secretary of Labor Chris Lu. “The U.S. Department of Labor is committed to helping employers improve their recruitment and hiring processes. With resources like TalentWorks, employers can build a diverse, more inclusive workforce by ensuring their organization’s virtual door is open to everyone.”
Lu formally unveiled the new tool during his keynote address on March 22, 2016, in San Diego at the 2016 International Technology and Persons with Disabilities Conference hosted by California State University, Northridge.

TalentWorks synthesizes ideas and solutions that PEAT has gathered from employers, advocacy organizations, job applicants and technology providers. It is the latest enhancement to a suite of tools and resources PEAT offers to improve the employment, retention, and career advancement of people with disabilities through the promotion of accessible technology.

PEAT is managed through an ODEP-funded grant to the Rehabilitation Engineering and Assistive Technology Society of North America. For more information, visit PEATworks.org.

OFCCP Final Rule Promotes Pay Transparency

OFCCP Protects Workers from Discrimination Based on Compensation Inquiries, Discussions, or Disclosures

Effective January 11, 2016, Executive Order 13665 amends Executive Order 11246; covered federal contractors and subcontractors are now prohibited from discriminating against employees and applicants who choose to inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicant (barring few exceptions).

Additionally, this new rule encourages pay transparency, so workers have a way to potentially discover violations of equal pay laws and can seek appropriate remedies.

The Final Rule to promote Pay Transparency includes the following:

• Defines key terms such as compensation (to include salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement), compensation information, and essential job functions as used in Executive Order 11246, as amended;

• Provides employers with two defenses to an allegation of discrimination: 1) a general defense, which could be based on the enforcement of a "workplace rule" that does not prohibit the discussion of compensation information; and, 2) an "essential job functions" defense;

• Requires covered federal contractors/sub-contractors to incorporate a non-discrimination provision into existing employee manuals or handbooks, and to disseminate the nondiscrimination provision by either electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment;

• Requires contractors to revise the Equal Opportunity Clause in covered federal contracts/sub-contracts and purchase orders of a single contract/order in excess of $10,000 entered into or modified on or after January 11, 2016, to include a provision that prohibits discharge or discrimination against employees or applicants who inquire about, discuss, or disclose their compensation or the compensation of other employees or applicants;

• Requires contractors to post a newly created supplement to the "EEO is the Law" poster along with the current "EEO is the Law" poster that reflects all of the recent regulatory changes. (This interim supplemental posting must be used until the EEOC revises the existing "EEO is the Law" poster to reflect the new provisions).

In response to these recent changes, the Equal Employment Opportunity (EEO) Policy Statement should now include pay transparency by reference as a protected basis. For compliance purposes, this EEO Policy Statement should be signed by your designee and posted in areas visible to employees and applicants.

THOMAS HOUSTON has made the necessary updates to the EEO Policy Statement included in the AAP(s) prepared for our clients.

For additional information and FAQs regarding the final rule to promote Pay Transparency, visit the OFCCP website at http://www.dol.gov/ofccp/PayTransparency.html.

The Department of Labor Requests Public Comments on Proposal to Strengthen Claims Procedures for Disability Benefits

The Department of Labor is asking for public comments on a proposed rule that would increase consumer protections when employer-sponsored plans decide claims and appeals for disability benefits. The proposal would better align the rules for disability benefits with the claims requirements already in place for health benefits under the Affordable Care Act, help employees protect against inappropriate denials of disability benefits, and increase public confidence in the fairness of the claims and appeals processes in employer-sponsored plans providing disability benefits. Comments will be accepted through January 19, 2016, and will be considered by EBSA when preparing the final rule. You may submit written comments through the Federal eRulemaking Portal at www.regulations.gov or by email to e-ORI@dol.gov. When commenting by email, please include RIN 1210–AB39 in the subject line of the message. Public comments are posted and made available to the public. You should not include information in a comment that you do not want publicly disclosed. For example, some people do not want personally identifiable information (such as their name, address, or other contact information) or confidential business information posted on a public website or otherwise publicly disclosed. For further information, you can contact Frances P. Steen, Office of Regulations and Interpretations, Employee Benefits Security Administration, (202) 693-8500. This is not a toll free number.

View the proposed rule

This information is from the Department of Labor

Webinar Invitation: OFCCP'S Final Rule on Prohibiting Pay Secrecy Policies

OFCCP’s Final Rule on Pay Transparency Takes Effect January 11, 2016

The Office of Federal Contract Compliance Programs (OFCCP) will host a public Webinar on January 11, 2016, the effective date for its final rule promoting pay transparency. The final rule amends the existing regulations that implement Executive Order 11246, and helps renew the promise of equal pay for equal work for millions of applicants and employees of covered federal contractors and subcontractors. The final rule will provide these workers with a way to safely discuss their pay, identify potential pay disparities, and seek timely remedies for unwarranted disparities in pay.

During the Webinar, presenters from OFCCP’s Division of Policy and Program Development and the Department’s Office of the Solicitor will provide an overview of the final rule, address questions received by the agency since the rule’s September publication, and illustrate the practical application of defenses provided in the rule through several hypothetical scenarios. 

Register for the Webinar at https://dolevents.webex.com/dolevents/onstage/g.php?MTID=ed75f4ff0dcf77fb3886cf540d39ec598.

Minimum Wage Increases in 14 States for 2016

Minimum wage workers deserve a raise. That’s why President Obama has urged Congress for nearly three years to raise the federal minimum wage − stuck at $7.25 per hour since 2009. While the costs for the basics like housing, food and transportation have all gone up, the national minimum wage has not. In the absence of a national raise, states and localities have taken action. Since 2013, 17 states and the District of Columbia have raised their minimum wage rates. Today, a total of 29 states as well as the District of Columbia have a minimum wage higher than $7.25.

Thanks to this momentum, the minimum wage rates in 14 states go up in January. In a dozen of those states – Alaska, Arkansas, California, Connecticut, Hawaii, Massachusetts, Michigan, Nebraska, New York, Rhode Island, Vermont and West Virginia – it will be because of legislative action or voter referenda over the past two years. For workers earning the minimum wage in Colorado and South Dakota, they’ll see a boost in their earnings because of automatic cost of living adjustments tied to inflation. And while their increases will be delayed until the summer, it’s worth noting that workers in Maryland, the District of Columbia and Minnesota will see increases in 2016 owing to legislation enacted in the past two years.

Also going up in January is the federal minimum wage for workers on certain federal contracts. In 2014, President Obama took action to raise the minimum wage where he could and issued an executive order bringing the minimum wage for workers on federal service contracts to $10.10 per hour. At the time, he also guaranteed that the wage would be adjusted annually to keep up with inflation. In January, their minimum wage will see a slight bump to $10.15 per hour. It’s a small increase because inflation was modest over the last year, but every penny counts for an employee putting in the hard work yet still struggling to get by.

While we’ve seen a lot of progress around the county on lifting the wage floor for workers, there’s still work that needs to be done. If the federal minimum wage were raised to $12 per hour by 2020, some 35 million workers overall would benefit – nearly 90 percent adults, and more than half working women. More than 2 million people would be lifted out of poverty. Raising the national minimum wage would be good for families with millions no longer needing food assistance and 23 percent of all children seeing at least one parent getting a raise. And for business owners, a higher minimum wage means reduced turnover costs, higher morale and more productive workers.

This is an issue that is about the dignity of work and our national values. I applaud those public officials and voters across the country who have already taken action to raise their minimum wages. This January, the workers who are seeing a raise are a step closer to getting a fair day’s pay for a fair day’s work.

By Heidi Shierholz (Labor Department’s chief economist)

OFCCP Posts Video Encouraging Self-Identification of Disability

In conjunction with the Department of Labor’s celebration of National Disability Employment Awareness Month, the Office of Federal Contract Compliance Programs (OFCCP) has posted a short video entitled Disability Inclusion Starts With You. This public service announcement-style video encourages applicants and employees with disabilities to voluntarily self-identify by explaining the key role that self-identification plays in measuring contractors’ progress toward achieving equal employment opportunity for people with disabilities. The video also explains the Section 503 requirement that contractors invite voluntary self-identification from their applicants and employees, and the strictly confidential nature of any disability information provided.      

Contractors may wish to download and post the video on their Intranet or company Web sites to share with their employees and job applicants who may be reluctant to self-identify, or who may not understand why they are being asked to self-identify.  Disability organizations and community groups may also wish to share the video with their members to encourage them to voluntarily self-identify when invited to do so by an employer that is a federal contractor.

The Disability Inclusion Starts With You video is available online for viewing or download at http://www.dol.gov/ofccp/SelfIdVideo.html, and can also be accessed from either the OFCCP home page or the OFCCP Section 503 Web page.      

Have a Safe Labor Day!

Labor Day, the first Monday in September, is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country.

Through the years the nation gave increasing emphasis to Labor Day. The first governmental recognition came through municipal ordinances passed during 1885 and 1886. From these, a movement developed to secure state legislation. The first state bill was introduced into the New York legislature, but the first to become law was passed by Oregon on February 21, 1887. During the year four more states — Colorado, Massachusetts, New Jersey, and New York — created the Labor Day holiday by legislative enactment. By the end of the decade Connecticut, Nebraska, and Pennsylvania had followed suit. By 1894, 23 other states had adopted the holiday in honor of workers, and on June 28 of that year, Congress passed an act making the first Monday in September of each year a legal holiday in the District of Columbia and the territories.

Who are we celebrating? 157 million people whose age is 16 and over in the nation’s labor force in June 2015 according to the Bureau of Labor Statistics.

Source: Department of Labor http://www.dol.gov/laborday/history.htm

US Department of Labor finds General Atomics violated federal wage requirement

US Air Force drone and surveillance system contractor pays nearly $1M in back wages to 900 employees across the country

News Release

SAN DIEGO — Federal law requires government contractors to pay their workers the prevailing wage rates and fringe benefits in their geographic area. On the books for half a century, the law ensures that companies do not make their services less costly at the expense of their workers, or drive down wages for other area workers.

General Atomics Aeronautical Systems, Inc., a San Diego-based manufacturer of unmanned aircraft and surveillance systems under contract with the U.S. Air Force, has learned the U.S. Department of Labor's Wage and Hour Division is watching and will take action when laws are being broken.

A departmental investigation found General Atomics violated the federal wage requirements in paying 901 employees at job sites throughout the U.S., including the China Lake Naval Weapons Center in Ridgecrest, Calif. As a result, the company has paid $945,000 in back wages to these workers.

"Failing to pay the correct prevailing wages hurts workers, and it also negatively affects other contractors who pay proper wages," said David Weil, administrator of the Wage and Hour Division. "We appreciate that General Atomics was cooperative throughout the investigation and immediately came into compliance. They also ensured that all employees working on their contracts were paid back wages once the issues were brought to their attention."
Investigators determined General Atomics paid employees assigned to work outside of their home areas the prevailing wage rates for the area where they were based, not the area in which they worked. In a number of cases, the required wages at the remote job sites were higher than the wages the workers were actually paid. General Atomics' time-tracking system tracked hours and job numbers on which employees worked on, but the system did track not work site locations. The employer then failed to adjust the prevailing wages paid to employees when they worked away from their home base.

General Atomics agreed to pay its employees the highest prevailing wage among all of its job sites going back for a six-year period. They have since upgraded their time-keeping system to ensure that employees are paid the correct wages depending on the location of the job site.

The company produces unmanned aircraft systems and tactical reconnaissance radars as well as advanced high resolution surveillance systems. As suppliers that furnish military testing services and logistical support under contract with the Air Force, General Atomics is subject to the requirements of the McNamara-O-Hara Service Contract Act.

The SCA requires that contractors and subcontractors performing services on covered federal contracts in excess of $2,500 must pay their service workers no less than the wages and fringe benefits prevailing in the locality, or rates contained in a predecessor contractor's collective bargaining agreement.
For more information about federal wage laws administered by the Wage and Hour Division, call the agency's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/whd.

Obama to Tap Perez for Labor Secretary

President Barack Obama is expected to announce Monday that Justice Department official Thomas Perez is his nominee to be the next secretary of labor, a White House official said.

The president, during his first term, picked Mr. Perez to lead the Justice Department's Civil Rights Division, a position he has held since 2009. Mr. Obama had been known to be considering Mr. Perez to lead the Labor Department in the president's second term.

Hilda Solis, Mr. Obama's first labor secretary, resigned in January.

The White House official credited Mr. Perez with managing Justice Department efforts to reach fair-lending settlements with banks on behalf of alleged victims of unfair mortgage-lending practices. The official also said Mr. Perez had led efforts to enforce human-trafficking laws and stepped up efforts to protect the rights of veterans.

The nomination of Mr. Perez as labor secretary comes as some congressional Republicans have raised questions about his alleged involvement in the Justice Department's decision to stay out of two lawsuits against St. Paul, Minn., in which private plaintiffs alleged the city defrauded the U.S. in its use of housing funds.
Republicans have questioned whether the Justice Department stayed out of those cases in exchange for St. Paul dropping an appeal pending at the Supreme Court in a case that civil-rights advocates had feared would undercut enforcement of U.S. housing-discrimination law.

Mr. Perez's nomination also comes a week after the Justice Department's inspector general found continuing problems with unprofessional conduct in the voting section of the department's Civil Rights Division.

Investigators concluded that the voting section, which reviews reports of voter intimidation, among other things, is split into two ideologically opposed camps that have spent years undermining each other due to their politically differing views of election law. The report said the problems predated the Obama administration, but that they still exist.

In a written response to the inspector general, Mr. Perez said the voting section he inherited had "low morale and an unacceptable degree of staff conflict." He said the division has overhauled hiring procedures and improved management practices.

Mr. Perez, who is Latino, would help diversify a cabinet that some critics have said is disproportionately white and male.

Mr. Perez previously headed the state of Maryland's Department of Labor, Licensing and Regulation.

Source: Wall Street Journal (03/18/13) Brent Kendall 

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Company agrees to pay back wages to nearly 2,000 female job applicants

Clougherty Packing Co., a federal contractor and subsidiary of Hormel Food Corp., has settled allegations of systemic hiring discrimination against female job applicants following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs.

Compliance officers reviewing Clougherty's hiring practices determined that, between 2007 and 2009, the company violated Executive Order 11246 by using a hiring process that discriminated against women — the majority of whom are Latinas — who applied for laborer positions at the company's meat-packing plant in Los Angeles. Under the terms of its conciliation agreement with OFCCP, Clougherty will pay $439,538 in back wages, including interest, to 1,988 qualified female job applicants rejected for these entry-level positions. Clougherty also will make 700 job offers to affected women as positions become available. Furthermore, the company has agreed to undertake extensive self-monitoring measures to ensure that all of its hiring practices fully comply with the law.

"So many Americans grew up eating Dodger Dogs and other Hormel products. These are uniquely American brands that ought to reflect American values, particularly when it comes to ensuring fairness in the workplace," said OFCCP Director Patricia A. Shiu. "During this holiday season, I hope that this settlement can provide a little financial help and a whole lot of justice for the women who were denied a fair shot at employment. Moreover, I am glad we were able to work with Clougherty to make sure that there will be greater opportunities for women to get jobs going forward."

Women who applied and were rejected for laborer positions at Clougherty's Los Angeles facility between Feb. 10, 2007, and Feb. 9, 2009, may be eligible for the back wages, interest and job opportunities in this settlement. The company has committed to contacting all class members to explain their eligibility for these remedies. However, anyone who does not receive such a notice and believes the omission is in error can contact OFCCP's toll-free helpline at 800-397-6251 (TTY: 877-889-5627) for more information.

Clougherty Packing Co. sells more than 400 million pounds of pork per year, including products sold under the Farmer John label and "Dodger Dogs," which are served at the Los Angeles Dodgers' baseball stadium. The company currently holds a federal contract of $3.9 million with the U.S. Department of Agriculture, which distributes Clougherty products to food banks and other assistance programs. Family-owned for generations, Clougherty Packing was sold in 2004 to Austin, Minn.-based Hormel.

Source: DOL OFCCP

This information is intended to be educational and should not be considered legal advice on any specific matter.

DOL's Wage and Hour Division published FMLA Guide for Employees

Source: WHD News Release

The Department of Labor's Wage and Hour Division has published "Need Time? The Employee's Guide to the Family and Medical Leave Act." The booklet is designed to answer questions such as who can take qualifying leave and what protections the law provides.

The FMLA currently provides eligible employees of covered employers 12 workweeks of unpaid, job-protected leave in a 12-month period: for the birth and care of a newborn child of the employee; for the placement with the employee of a son or daughter for adoption or foster care; to care for a spouse, son, daughter or parent with a serious health condition; for a serious health condition that makes the employee unable to perform the essential functions of his or her job; and for qualifying exigencies arising out of the fact that the employee's spouse, son, daughter or parent is a covered military member on "active duty." Up to 26 workweeks of leave may be taken during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent or next of kin (military caregiver leave).

Read the publication "Need Time?  The Employee's Guide to the Family and Medical Leave Act"


Read the WHD News Release

This information is intended to be educational and should not be considered legal advice on any specific matter.

A Page from the DOL Strategic Plan

The Department of Labor Strategic Plan FY 2011-2016  was posted in September 2010.  It is no surprise that the Office of Federal Contract Compliance is named throughout the plan; "Through the work of the Office of Federal Contract Compliance Programs (OFCCP), DOL ensures that over 200,000 contractors and sub-contractors working under contracts with the federal government provide equal employment opportunities – a fair and diverse workplace." 

Following is a page from the DOL Strategic Plan that outlines the Strategic and Outcome goals for FY 2011-2016:

Click here to access the complete Department of Labor (DOL) FY 2011 - 2016 strategic plan. 

THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming OFCCP's regulatory efforts. We offer pro-active and proven compliance tools and methods.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc. visit www.thomashouston.com, call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.

This information is intended to be educational and should not be considered legal advice on any specific matter.