OFCCP Launches Hotline to Receive Reports Regarding Contractors’ Prohibited Race and Sex Stereotyping

The U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) announced its new hotline and email address to provide a forum to report noncompliance with Executive Order 11246 as well as President Trump’s recent executive order, which curtails certain employee diversity and inclusion training.

As recently reported, on September 22, 2020, President Trump issued an unprecedented “Executive Order on Combating Race and Sex Stereotyping” (Executive Order 13950) in an effort to “to combat offensive and anti-American race and sex stereotyping and scapegoating” through a variety of measures. Executive Order 13950 significantly limits the diversity trainings federal contractors may offer and requires contractors to add contract provisions prohibiting “race and sex stereotyping” in their subcontracts and purchase orders, among other requirements. Executive Order 13950 also directed the OFCCP to create a hotline where employees could report suspected violations of Executive Order 13950’s requirements, in addition to violations of long-standing Executive Order 11246, which prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity and national origin, and prohibits inquiring about, discussing or disclosing one’s compensation or the compensation of others.

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State & Local Employment Law Developments: Q3 2020

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance. (Please note that developments specifically related to COVID-19 are not included.) This quarter, state and local legislatures were particularly active in passing laws addressing employee classification, sexual harassment training, lactation accommodation, criminal background inquiries and a variety of unpaid and paid leaves.

For the full alert, visit the Faegre Drinker website.

New U.K. Job Support Scheme to Take Effect November 1

A new Job Support Scheme designed to protect jobs in businesses facing lower demand over the winter months due to the COVID-19 pandemic will take effect November 1, 2020 and last for six months, the U.K. government announced on September 24, 2020. It will replace the U.K. Coronavirus Job Retention Scheme (known as the U.K.’s furlough scheme), which will come to an end on October 31, 2020.

For the full alert, visit the Faegre Drinker website

President Trump’s ‘Executive Order on Combating Race and Sex Stereotyping’ Significantly Impacts Permitted Federal Contractors’ Workplace Diversity Training

On September 22, 2020, President Trump issued an unprecedented “Executive Order on Combating Race and Sex Stereotyping” (Order) directed to the federal workforce and federal contractors. The Order purports “to combat offensive and anti-American race and sex stereotyping and scapegoating” through a variety of measures, including significantly limiting the diversity trainings federal contractors may offer, requiring notification of applicable unions of their commitments under the Order and posting related notices in the workplace, and adding provisions to address the prohibited “race and sex stereotyping” in their subcontracts and purchase orders.

For the full alert, visit the Faegre Drinker website.

Frequently Asked Questions on COVID-19 Personal Injury Litigation

Plaintiffs’ attorneys are advertising for plaintiffs infected by COVID-19, and new COVID-19 personal injury lawsuits are being filed at a steady clip. In recent lawsuits, for example, employees and customers have sought to recover for financial and emotional damages caused by long-lasting COVID-19 symptoms and, in some cases, death. These developments suggest that companies will likely see increased personal injury litigation alleging the transmission of COVID-19. Below are some common questions and considerations about this new type of litigation.

For the full alert, visit the Faegre Drinker website

DOL Proposes New Rule Clarifying the Test for Classification of Workers

On September 22, 2020, the U.S. Department of Labor (DOL) issued a new proposed rule that would substantially simplify the test for determining whether persons are employees or independent contractors under the Fair Labor Standards Act (FLSA).

Because the FLSA does not actually define “employee,” courts have traditionally filled the void by applying an “economic realities” test that balances several factors. But in issuing a new proposed rule, the DOL noted that the current balancing test is difficult to apply, creates confusion, and is out of step with modern technology and working relationships.

For the full alert, visit the Faegre Drinker website.