Tag Archives: Affirmative Action Compliance

Working On the Phone and Off the Clock: Everything Employers Need to Know

Does responding to a work email while shopping at the grocery store still count as work?  Almost always the answer is “yes.”  And those minutes will add up and cost employers thousands of dollars in legal fees for failing to pay non-exempt employees for that off-the-clock time. Although technology has made it easier than ever […]

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How To Avoid The Top 10 FLMA Mistakes Employers Make

Navigating the maze of legal requirements applicable to employee leave under the Family Medical Leave Act (FMLA) can be a daunting task for employers.  To make matters worse, the law is full of traps that can easily ambush employers that let their guard down.  So to help employers avoid costly missteps, we decided to look […]

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Federal Contractors – No time for Complacency

In April, President Trump proposed a budget proposal that included a possible 21 percent cut for the DOL budget. Some federal contractors may be interpreting that to mean that the OFCCP will be less active during the Trump administration, given likely budget constraints. But that is not necessarily accurate. In all likelihood, the OFCCP will […]

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Failing to Contribute to Multiemployer Benefit Fund for “Alter Ego” Company Resulted in Criminal Indictments

A husband and wife who owned two businesses in New Hampshire were indicted in September on charges including mail fraud and false ERISA statements. The charges arose, in part, from the couple’s failure to make benefit fund contributions in connection with one of the two businesses—despite the fact that the business in question was  non-union. […]

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EEOC Issues Final Guidance on Retaliation

The U.S. Equal Employment Opportunity Commission recently issued final Enforcement Guidance on Retaliation and Related Issues. The guidance addresses retaliation under each of the laws enforced by EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section […]

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New ADA Regulations Clarify Definition of Disability

The Department of Justice recently published its Final Rule amending regulations under the Americans with Disabilities Act (ADA) to incorporate changes made to the ADA as a result of the ADA Amendments Act of 2008 (ADAAA). The ADAAA, which went into effect January 1, 2009, was passed by Congress in response to Supreme Court decisions […]

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“Cat’s Paw” Theory of Retaliation: Employers can be held Liable for the Retaliatory Motives of Non-Management Employees

When you investigate an employee complaint of sexual harassment, how you conduct the investigation — and the actions you take as a result – matters a great deal. In fact, given a recent case expanding the basis upon which an employer can be held liable for retaliation, it may matter now more than ever. In […]

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EEOC Pay Data Collection: Get Ready, Here It Comes

On September 29, 2016, the EEOC announced that starting on March 31, 2018, certain employers will be required to submit employee pay data to the agency. The data will be used by the EEOC to combat pay discrimination. The new requirement will apply to private employers, including federal contractors and subcontractors, with 100 or more […]

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Use of Social Media in the Recruiting and Hiring Process

Social media is ubiquitous in today’s world. Chances are, your company has used it in recruiting or candidate screening at one time or another, whether by checking out a candidate’s LinkedIn, Facebook or Twitter profile, or by using social media to post a job listing. These methods can help employers access qualified candidates and can […]

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Considering a Job Candidate’s Salary History: Soon to Be a Thing of the Past?

When deciding whether to make a job offer to a candidate and, if so, how much to offer in salary, employers commonly ask the candidate for his or her current salary and/or salary history. This has long been an accepted practice. But in one state, Massachusetts, it is now illegal. In August, Massachusetts became the […]

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