On August 10, 2020, the Office of Federal Contract Compliance Programs (OFCCP) updated its website, including revamping the National Pre-Award Registry and the VEVRAA Hiring Benchmark Database. These new features provide helpful information to contactors and contracting officials and help to streamline navigation among OFCCP’s website content and tools. Furthermore, the updated tools enhance information accessibility to individuals with vision impairments.
Category: Counseling & Compliance Training
SDNY Vacates DOL Regulations Implementing the Families First Coronavirus Response Act
On August 3, 2020, the Southern District of New York’s August 3, 2020, ruling in New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 vacated portions of the U.S. Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA). The following Q&A details the many ways in which the ruling will impact employers, including which DOL regulations were struck down by the order, the conditions under which employees can take FFCRA leave and the emergence of FFCRA-related lawsuits.
For the full alert, visit the Faegre Drinker website.
Reminder: August 4 Deadline to Implement New Self-identification Form for Individuals with a Disability
All federal contactors subject to the jurisdiction of the Office of Federal Contractor Compliance Programs (OFCCP) must begin surveying applicants and employees for disabilities using a new and approved Voluntary Self-Identification form. Continue reading “Reminder: August 4 Deadline to Implement New Self-identification Form for Individuals with a Disability”
NLRB Decision Gives Employers More Freedom to Address Offensive and Abusive Conduct
On July 21, 2020, the National Labor Relations Board (NLRB or the Board) issued a long-awaited decision giving employers more freedom to discipline employees who engage in abusive, obscene or profane conduct in connection with their work. In General Motors, LLC, 369 NLRB No. 127 (2020), the NLRB rejected three context-specific rules formerly used to assess whether an employee’s inappropriate conduct is protected by Section 7 of the National Labor Relations Act (NLRA or the Act). Instead, the NLRB will now assess that conduct under the Wright Line standard, which is used to evaluate all other claims of discriminatory conduct under the Act.
San Francisco Enacts Temporary ‘Back to Work’ Ordinance in Response to COVID-19 Layoffs
On June 23, 2020, the San Francisco Board of Supervisors passed a “Back to Work” Emergency Ordinance guaranteeing reemployment to certain employees laid off due to the COVID-19 pandemic. The ordinance requires covered employers to provide written notice when layoffs occur while also prohibiting discrimination against, and requiring reasonable accommodations for, employees who experience a family care hardship.
U.S. Department of Labor Issues New FMLA Leave Forms and Requests Public Comments
In June, the Wage and Hour Division of the Department of Labor, the division tasked with enforcing the Family Medical Leave Act (FMLA), revised its model forms for employers to give to employees to support certain FMLA-qualifying reasons for leave. The new forms are intended to clarify compliance requirements and streamline administration of FMLA leave.
For the full alert, visit the Faegre Drinker website.