FLSA Rule on Worker Classification to be Reversed

The Biden administration is making strides to reverse a Fair Labor Standards Act (FLSA) final rule on worker classification that was signed into law by the Trump administration during its last days in office. The final rule, Independent Contractor Status Under the Fair Labor Standards Act, was supposed to take effect on March 8, 2021,…

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The Final ERISA ESG Investment Rule is Not So Final

ESG Investment Rule

What appeared to be the final ESG investing rule issued by the U.S. Department of Labor (DOL) on October 30, 2020, is now in flux. The final ESG investing rule, which applies to a 401(k) or 401(b) type plan, had required ERISA plan fiduciaries to base investment decisions on financial factors alone, prohibiting fiduciaries from…

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How Serious are OFCCP Equal Pay Penalties? Very.

The Office of Federal Contractor Compliance Programs (OFCCP) just won a significant equal pay victory against WMS Solutions, LLC, a staffing company focusing on asbestos abatement. A News Release dated June 22, 2020, described the order, which requires WMS Solutions, LLC to pay $960,905 in back wages, damages, and interest based on discrimination and harassment…

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Pay Equity is Still a Top Concern for OFCCP Despite Pandemic

While U.S. companies continue to grapple with issues posed by the Covid-19 pandemic,pay equity issues should not be put on the backburner. On March 16, 2020, the United States Department of Labor announced the resolution of a pay equity claim brought by the Office of Federal Contract Compliance Programs (“OFCCP”) against Cisco Systems, Inc. The…

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Puerto Rico Leaps Ahead in Equal Pay Efforts

Puerto’s Rico’s equal pay efforts received a significant boost earlier this month, thanks to regulations set to take effect March 14, 2020. Puerto Rico’s Equal Pay Act, first enacted on March 8, 2017will now see new regulations to ensure employers are working to achieve gender equality. Under the new regulations, employers will be able to…

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OFCCP Launches Learning Institute for Contractors

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has launched the first ever online Contractor Compliance Institute (CCI). The Contractor Compliance Institute (CCI) is an interactive learning management system designed to educate employers with federal contracts and subcontracts on how to comply with the OFCCP’s Equal Employment Opportunity regulations, cites an OFCCP…

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More Governments are Encouraging Pay Equity Through Transparency

Effective April 2017, the United Kingdom set a global example on the issue of pay equity by requiring organizations to publish 12-month snapshots online accounting for their gender pay gaps. The pay data reports are publicly accessible online. One critical idea underlying the pay data reporting obligations in the UK is that transparency serves to…

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OFCCP Reinforces Commitment to Transparency

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has released revisions to its Federal Contract Compliance Manual. The manual provides guidance for OFCCP’s compliance officers in conducting compliance evaluations, complaint investigations and providing federal contractors with compliance assistance, according to the update alert. The updates made to the manual include: ● Revisions…

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