As we previously reported, the Equal Employment Opportunity Commission (EEOC) now requires employers to disclose equal pay data on its Employer Information Report (EEO-1). The equal pay data, otherwise known as “Component 2” of the EEO-1, has been the subject of ongoing litigation. Most recently, the EEOC requested court approval to extend the deadline for employers to report Component 2 data until September 30, 2019—later than the deadline for other EEO-1 data, which is due May 31, 2019. Several organizations supporting equal pay initiatives had argued that the agency should collect the data by May 31, but the agency told the court that the May 31 deadline was not feasible.
Earlier this week, the U.S. Supreme Court held that an arbitration agreement cannot be read as permitting class arbitration unless the agreement clearly and explicitly so provides; it is not enough that the agreement is susceptible to the interpretation that it permits class arbitration. This holding gives employers another tool to fend off class actions and compel alleged class claims to individual arbitration.
New York City is poised to ban employers from requiring prospective employees to undergo a drug test to detect for the presence of THC, the active ingredient in marijuana, as a condition of employment.
On April 9, 2019, the New York City Council approved a bill that would make New York City the first municipality to regulate pre-employment drug testing for marijuana, whether for medicinal or recreational purposes. The bill applies to both public and private employers operating in New York City. Although recreational marijuana is not yet legal in the State of New York (or in New York City), Governor Andrew Cuomo supports statewide legalization and this bill is viewed as an important step to achieve that goal.
The Equal Employment Opportunity Commission’s (EEOC) revised Employer Information Report (EEO-1) is now open via the EEOC’s online portal. As we previously reported, the revised EEO-1 now requires employers to aggregate W-2 wages and hours worked by job category, race, sex, and ethnicity. The new requirements were stayed in 2017, but a federal judge lifted that stay on March 4, 2019.
In a new filing on April 3, 2019, the EEOC requested court approval to extend the deadline for reporting pay data until September 30, 2019—later than the current EEO-1 deadline of May 31, 2019. In making its request, the EEOC noted that it needs additional time “in order to accommodate the significant practical challenges” related to collecting the pay information. The agency support the request with an affidavit from its recently appointed Chief Data Officer, Samuel Christopher Haffer.
Judge Tanya S. Chutkan is expected to rule on the agency’s request in the coming weeks. Subscribe to LaborSphere for updates.
Not too many topics related to restrictive covenants gain buzzworthy status. However, when state and federal governmental agencies and class action attorneys start filing lawsuits nationwide, and Fortune 500 companies in various industries start settling and agreeing to change the way they do business, well, that usually generates some buzz and attention. It seems that not a week goes by lately without a new headline discussing the latest hot-bottom issue in the world of restrictive covenants – “no-poaching” agreements.
On March 14, 2019, the U.S. Department of Labor (DOL) issued an opinion letter concerning the Family Medical Leave Act (FMLA). The FMLA provides eligible employees a maximum of 12 weeks of unpaid, job-protected leave for specified family and personal medical reasons and up to 26 weeks to care for a covered service member per year. In its opinion letter, the DOL addressed whether an employer may delay designating paid leave as FMLA leave or permit employees to expand their FMLA leave beyond the statutory requirements.