Federal Contractors– Beware Disclosure Obligation and Principled Disputes

Federal Contractors — federal agencies have begun to implement the Fair Places and Safe Workplaces Executive Order   https://www.whitehouse.gov/the-press-office/2014/07/31/executive-order-fair-pay-and-safe-workplaces The National Labor Relations Board is the first to demand compliance– beginning July 1, 2016, the Board is asking employers charged with labor law violations to submit a form that confirms, among other things, whether they are… More

Persuader Rule– Put On Hold

For those of you sweating the July 1 deadline— you can breathe a sigh of relief!  Earlier today a federal court in Texas enjoined the Department of Labor’s “persuader” rule. The injunction is applied nationwide. This is not over– the DOL will likely appeal, and the injunction does not fully dispose of the case. Stay… More

ALERT- New Sex Discrimination Prohibitions for Government Contractors, and a new FMLA Poster for Everyone

New DOL Regulations Prohibiting Sex Discrimination by Federal Contractors For the first time in forty years, earlier this month, the Department of Labor (DOL) published new regulations for federal contractors concerning sex discrimination intended to reflect the “reality of a modern and diverse workforce.” Effective August 15, 2016, these new regulations align the DOL’s sex… More

Act Now to Avoid Persuader Rule Obligations

The Department of Labor (DOL) recently passed revised “Persauder Rule” obligations that took employers by storm. In a nutshell, under the new rules employers are required to publicly disclose their relationships with — including payments to — any lawyer or consultant that helps “persuade” against union activity. It’s a huge deal, and there are already… More

ALERT- Trade Secrets and DC Wages

New Federal Law REQUIRES UPDATED RESTRICTIVE COVENANTS The Defend Trade Secrets Act of 2016 grants federal protection for trade secret misappropriation. It requires that the party bringing a civil action be (1) the owner of the trade secret and (2) that the trade secret be “related to a product or service used or intended to… More

Employer-Sponsored Wellness Program

Employers- as you might have heard, the EEOC has raised concerns about Wellness Programs posing a potential problem under the Americans with Disabilities Act (ADA).  If you have a company-sponsored Wellness Program, you probably should consider using the just-released EEOC approved sample notice.  It can be found at  https://www.eeoc.gov/laws/regulations/ada-wellness-notice.cfm And if you have questions about… More

FLSA Changes Will Likely Be Impleted THIS FALL

The latest word from the Department of Labor (DOL) is that the long-discussed changes to the Fair Labor Standards Act (FLSA) — significantly increasing the salary basis threshold for most exemptions — will be finalized by July 2016.  The regulations will likely be effective 60 days later, or September 2016. What does this mean for employers?  It’s… More

EEOC Policy Change — Will Now Release Employer’s Position Statement

Through a simple press release, the EEOC has announced that it will now release to the charging party (employee) position statements submitted by the employer.  The employee will also be given a chance to respond after reviewing the company’s position. In the past, the employee could not access the employer’s position statement except through a… More