EEOC Issues Opinion Letter on Older Workers Benefit Protection Act Disclosure Requirements for Non-U.S. Employees

In a new Opinion Letter published January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) clarified a long-standing ambiguity as to whether non-U.S. employees working outside of the United States should be included in the description of the “decisional unit” in OWBPA-compliant waivers of federal age discrimination claims. This opinion presents helpful guidance to multinational employers who face a byzantine process when it comes to workforce reductions.

For the full alert, visit the Faegre Drinker website.

EEOC Announces 2021 Schedules for EEO Data Collection

The Equal Employment Opportunity Commission announced the upcoming opening of four EEO data collections previously delayed by the COVID-19 pandemic. While the specific dates of these collections are not yet published, employers should begin preparing their data submissions to align with the adjusted schedule.

For the full alert, visit the Faegre Drinker website.

EEOC Guidance Regarding COVID-19 Vaccinations

Last week, the United States Equal Employment Opportunity Commission (EEOC) firmed up its guidance to employers regarding mandatory COVID-19 vaccinations. Subject to certain restrictions and potential accommodation requests, the EEOC’s position is that employers may require employees to be vaccinated before returning to the workplace. Still, employers considering administering the vaccine, either directly or through a third party, should proceed with caution.

For the full alert, visit the Faegre Drinker website.

Lynne Anderson Comments on California Law Requiring Employers to Report Pay Info by Gender and Race

In the article “California Steps Up to Collect Pay Data, With Feds at Square One,” Bloomberg Law reports on new California legislation that authorizes a collection of wage data, broken down by race, sex, ethnicity, and job category, on or before March 31, 2021.

The legal industry publication turned to labor and employment partner Lynne Anderson for insight on the law and whether other states may follow suit.

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Update: California Leads the Way for Pay Data Collection and Reporting

On September 30, 2020, California Governor Newsom signed into law Senate Bill 973, which requires California private employers with 100 or more employees to submit an annual pay data report to the state’s Department of Fair Employment and Housing beginning on March 31, 2021. See our previous alert for additional details. We recommend that employers with 100 or more employees in California work with legal counsel as soon as possible to conduct privileged pay audits prior to collecting pay data and submitting the report to California.

California Leads the Way for Pay Data Collection and Reporting

With the Equal Employment Opportunity Commission’s (EEOC) announcement that it would abandon current efforts to collect the controversial Component 2 pay data, California has taken the first step in filling the void left behind by seeking to enact a state law requirement to collect employee compensation.

Continue reading “California Leads the Way for Pay Data Collection and Reporting”